City of Alamo Heights v. Gerety

City of Alamo Heights v. Gerety, 264 S.W. 2d 778 (Tex. App. 1954), extended the principle of vote determination beyond the setting of traditional vacancies to the absence of a city council member caused by disqualification. At issue there was whether a rezoning had obtained the vote of three-fourths of "all" the members of the legislative body, when one member of the council "disqualified himself by reason of interest." Id. at 778-79. The Texas court concluded that a disqualification had to be treated "as though it were a vacancy" and thus "all" members of the legislative body meant "all the members in esse and qualified to act." Id. at 779-80.