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Click here for the full text of this decision FACTS:The City Council of San Antonio adopted a new three-year annexation plan pursuant to Texas Local Government Code �43.052. The city amended the plan on Dec. 12, 2002, to add several new proposed annexation areas within its extraterritorial jurisdiction (ETJ), including the Summerglen/Canyon Springs and Evans/Bulverde Road areas. During the period of negotiations, the Summerglen Property Owners Association Inc. and several individual property owners and appointed representatives in the area filed suit seeking a declaratory judgment that the city’s attempted annexation was unlawful based on procedural violations of the annexation process set forth in Chapter 43 of the Local Government Code. A group of individual property owners and representatives in the Evans/Bulverde Road area intervened in the suit, requesting the same declaratory relief that the city had failed to comply with the statutory procedure for annexation and could not proceed with the proposed annexation. The property owners filed applications for a temporary injunction restraining the city from taking any further steps toward annexation, based on their assertions that annexation of their areas would be a direct violation of new HB 585. In its response opposing the temporary injunction, the city contended that HB 585 is unconstitutional as a special or local law because it applies only to the northeast area of San Antonio. In addition, the Summerglen/Canyon Springs plaintiffs amended their petition, and the Evans/Bulverde Road intervenors amended their plea in intervention, to add a third claim for declaratory relief stating that annexation would violate HB 585. The city’s second amended answer included a counterclaim for declaratory relief that HB 585 is unconstitutional as a local or special law. In an interlocutory appeal, the court considered whether appellees, a homeowners association and individual property owners in the Summerglen/Canyon Springs and Evans/Bulverde Road areas, had standing to challenge the city’s proposed annexation of their property. HOLDING:Reversed and dismissed. The property owners argue on appeal that they have individual standing because all of their challenges to the proposed annexation are based on the city’s actions outside of its authority, rendering the attempted annexation of their areas void. The court holds that the statutory provisions did not limit the area or type of land the city could annex and, therefore, they did not restrict the city’s annexation authority, and were procedural requirements that could make the annexation voidable, but not void; therefore, the private landowners had no standing. The property owners next allege the city’s unilateral determination of when arbitration is applicable under Chapter 43 is unlawful, and the city’s failure to arbitrate deprives it of authority to annex their areas. But the court holds that the property owners do not have standing to assert their claim for declaratory relief that the annexation is prohibited, or void, based on the city’s delay, or even failure, to arbitrate. The court holds that property owners do not have standing to assert any of their claims for declaratory relief under Chapter 43 of the Local Government Code or under House Bill 585. Accordingly, the court reverses the trial court’s order denying the city’s plea to the jurisdiction, vacates the order granting a temporary injunction against the city, and dismisses the property owners’ claims. OPINION:Per curiam; Alma L. Lopez, C.J., Sarah B. Duncan and Phylis J. Speedlin, JJ.

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