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City of San Antonio v. Hardee – Case Brief Summary (Texas)

In City of San Antonio v. Hardee, 70 S.W.3d 207 (Tex. App. --San Antonio 2001, no pet.), individual landowners sued to prevent annexation based on the City of San Antonio's failure to comply with several statutory provisions, including failure to adopt the required annexation plan, and attempting to annex by resolution rather than ordinance; they also asserted annexation of a particular tract was void because it was undertaken in violation of the Open Meetings Act. Hardee, 70 S.W.3d at 209-10.

The landowners argued they had standing because their claims were based on the City acting outside of its statutory authority, which made the annexation void. Id. at 209.

The Court held the statutory provisions did not limit the area or type of land the City could annex, i.e., did not restrict the City's annexation authority, and were thus procedural requirements that could make the annexation voidable, but not void; therefore, the private landowners had no standing. Id. at 212.