City of West Orange v. State ex rel. City of Orange
In City of West Orange v. State ex rel. City of Orange, 613 S.W.2d 236 (Tex. 1981), the supreme court concluded Orange's 1960 ordinance annexing a fifteen-foot-wide strip of land was invalid because the territory was not adjacent to Orange. Id. at 238.
The court also concluded the ordinance was not validated by later validation acts because, among other reasons, doing so would extend Orange's boundary into West Orange's ETJ, even though the Orange annexation ordinance was adopted before ETJ was created.
The court explained:
"The Orange annexation came before there was such a thing as extraterritorial jurisdiction. However, the earliest validating act urged by Orange was effective in 1965, well after West Orange had acquired its extraterritorial jurisdiction. Since the 1960 Orange annexation was void at least until the 1965 validating act, it stands in no better position than if it had first been passed in 1964. If it had first been passed in 1964 it would have at that time included part of West Orange's extraterritorial jurisdiction." Id. at 239.