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City of Houston v. Wolley

Nothing in Texas Local Government Code '143.131 prohibits the filing of briefs with the civil service commission at the step IV level of the grievance process; '143.1018 specifically permits the parties to file briefs with the commission at any level of the process under the terms outlined therein.

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OPINION

The City of Houston and the Fire Fighters’ and Police Officers’ Civil Service Commission bring this interlocutory accelerated appeal of a temporary injunction against them and in favor of the Houston Police Officers’ Union and Officer Alan Woolley. Presenting two issues for review, the City argues that the trial court abused its discretion in granting the temporary injunction because (1) the Union did not show a probable right and a probable injury, and (2) the trial court misapplied the law and erroneously construed the applicable statutory provisions.

The material facts in this case are undisputed. The parties agree that the issue in dispute is a matter of law and turns on the construction of the applicable provisions of the Texas Local Government Code. We must therefore construe these provisions as a matter of law, and apply the law to the undisputed facts. Because we conclude the trial court erred, as a matter of law, in its construction of the relevant provisions of the Texas Local Government Code, we vacate the temporary injunction.

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