Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Perry v. Brown

In an appeal involving state legislative redistricting, the trial court's denial of a plea to the jurisdiction based upon issues of ripeness is affirmed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
In this interlocutory appeal regarding state legislative redistricting, we consider whether the trial court committed reversible error by denying a plea to the jurisdiction based upon issues of ripeness. Applying principles recently enunciated by this Court and the Texas Supreme Court in Perry v. Del Rio, we will affirm. *fn1 See Perry v. Del Rio, No. 01-0728, 44 Tex. Sup. Ct. J. 1147, 2001 Tex. LEXIS 81 (Sept. 12, 2001); Perry v. Del Rio, No. 03-01-00340-CV, 2001 Tex. App. LEXIS 5368 (Tex. App.-Austin Aug. 9, 2001).

On January 9, 2001, the Texas Legislature convened its 77th Regular Session. On March 12, the 2000 census information was published, showing that due to population growth and shifts, Texas’ current legislative districts were malapportioned and needed to be redrawn. The legislature adjourned sine die on May 28, 2001, without passing a state redistricting plan. As provided by the Texas Constitution, the Legislative Redistricting Board (the “LRB”) then had sixty days from its first meeting to draft a constitutionally-sound redistricting plan. See Tex. Const. art. III, � 28. The LRB convened on June 6 and apparently adopted its plan on July 24.

On March 16, 2001, David Brown, David O. Zambrano, and Joy Smith (collectively “Brown”) filed suit in Travis County against the Governor, the Lieutenant Governor, the Speaker of the Texas House of Representatives, the Secretary of State, and the chairs of the state Democratic and Republican parties. Brown sought declaratory and injunctive relief regarding the malapportioned state legislative districts. The Governor, the Secretary of State, the Lieutenant Governor, and the chair of the Republican Party filed pleas to the jurisdiction alleging the suit was not ripe for determination. On May 31, after the legislature had adjourned sine die without the passage of a state legislative redistricting plan, Brown amended his petition to reflect that fact. Subsequently, on June 15, the district court denied the pleas to the jurisdiction, and the Governor, Secretary of State, and Lieutenant Governor (collectively “Appellants”) appealed. Brown filed a second amended petition on July 25 and additional amendments thereafter. *fn2

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements