opinion

FORNEY, Texas — The proposed forced annexation by the City of Mesquite was dealt another blow Tuesday afternoon with the Court of Appeals in the Fifth District of Texas at Dallas denying Mesquite’s appeal on a temporary restraining order issued last week in Kaufman County.

Also, this morning, Dallas County 101st District Court Judge Staci Williams signed an additional temporary restraining order enjoining the City of Mesquite from voting on any annexation ordinance without having two more public hearings that are in compliance with the Texas Open Meetings Act. The order calls for a hearing on the injunction on Tuesday, November 28, 2017, at 4:30 p.m.

Last week, Kaufman County 86th District Court Judge Casey Blair ordered a temporary restraining order against the City of Mesquite restraining the city and its representatives from taking any action in furtherance of annexation proceedings until an injunction hearing could be held on November 20, 2017, at 9 a.m. to rule on whether or not the City of Mesquite violated the Texas Open Meetings Act and the Local Government Code.

The City of Mesquite sought a mandamus to stay the temporary restraining order in Kaufman County with the Court of Appeals in the Fifth District of Texas at Dallas which, earlier today, denied the mandamus and issued an order denying Mesquite’s emergency motion for stay.

The action taken this morning may render Mesquite’s proposed annexation dead in the water due to limitations with their city charter and public notice requirements which may push any action past the December 1 deadline, according to a person familiar with the proceedings speaking to inForney.com on condition of anonymity.

This morning’s petition for a temporary restraining order in Dallas County was filed by attorney Tracy Gray on behalf of the resident’s in the path of the annexation.

In its memorandum opinion this morning, the Court of Appeals in the Fifth District of Texas at Dallas concluded the trial court did not abuse its description in granting injunctive relief in denying the City of Mesquite’s petition for mandamus.

In their petition, the City of Mesquite argued that if they could not annex the properties in question today, it will not be able to annex them at all.

"We want to thank the Kaufman DA's office and Bobby McNeil for all their help," read a statement from the Guest and Gray Law Firm. "It was a team effort and we are proud to fight for the residents of Kaufman and Dallas County."

5th District Court of Appeals Opinion Memorandum denying Mesquite's peition for mandamus by inForney.com on Scribd

5th District Court of Appeals order in regard to motion for stay in Mesquite Annexation TRO by inForney.com on Scribd

Mathew Richards has been covering local and breaking news in Forney since 2012, later expanding that coverage throughout Kaufman County. Send tips directly to the attached email or our news desk at News@inForney.com.