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Click here for the full text of this decision FACTS:On June 21, residents of a community known as Quihi filed a petition requesting the constitutional county court judge of Medina County to order an election on the proposed incorporation of the community. On July 9, the county judge denied the petition for the incorporation election. One of the residents petitioned this court to issue a writ of mandamus requiring the county judge to order the incorporation election. HOLDING:Conditionally granted. When a county judge is presented with a petition for an incorporation election that contains the statutorily required elements and proof satisfactory to the judge that the community to be incorporated contains the requisite number of inhabitants, the county judge must order the election. Texas Local Government Code 8.003. As long as the area to be incorporated is not part of another incorporated city or town, questions regarding the boundaries of the area to be incorporated as a municipality are not for the county judge to decide. Todd v. Helton, 495 S.W.2d 213 (Tex. 1973). The court conditionally grants the writ of mandamus and orders the Medina County judge to call the incorporation election. OPINION:Per curiam.

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