In City of Rockwall v. Hughes, 246 S.W.3d 621 (Tex. 2008), the Texas Supreme Court initially noted that "unless an annexation is wholly void or the Legislature has expressly granted a private right to challenge the annexation in some manner, a quo warranto proceeding brought by the State is the only proper means of attacking a municipality's annexation in court." 246 S.W.3d at 627.
In Hughes, the appellee did not argue that the annexation proceeding was void but argued that the Legislature granted landowners a private right to arbitration by enacting section 43.052(i). Id.
The Texas Supreme Court, however, rejected this argument, holding that section 43.052(i) "does not create a substantive private right for a landowner to compel arbitration if a municipality takes action on the landowner's petition by denying it . . . ." Id. at 631.