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(DOWNLOAD) "County Judge Garry Weber v. City Sachse" by Fifth District, Dallas Court of Civil Appeals of Texas ~ Book PDF Kindle ePub Free

County Judge Garry Weber v. City Sachse

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eBook details

  • Title: County Judge Garry Weber v. City Sachse
  • Author : Fifth District, Dallas Court of Civil Appeals of Texas
  • Release Date : January 21, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

The City of Sachse and the town of Sunnyvale, both incorporated municipalities in Dallas County, as well as the mayor of each town as an individual representative of all persons similarily situated, brought this action against the Sheriff and the County Judge and the County Commissioners of Dallas County, seeking an injunction to require the county to provide sheriffs deputies to patrol within the boundaries of these municipalities. Plaintiffs prayed that defendants be enjoined from reducing the number of sheriffs deputies to less than five in each municipality and that the county commissioners be enjoined from refusing to fund these patrols, alleging violations of the sheriffs duties under Tex.Code Crim.Pro.Ann. arts. 2.13, 2.16 and 2.17 (Vernon 1977) and plaintiffs substantive and procedural due process rights and equal protection rights under the United States and Texas Constitutions. The 162nd Judicial District Court of Dallas County, Honorable Dee Brown Walker presiding, granted a permanent injunction prohibiting the sheriffs department from reducing the number of sheriffs deputies patrolling within the incorporated boundaries of each of the plaintiff municipalities below the number of patrols that existed prior to October 1, 1979, and requiring the county commissioners to fund these patrols. The Commissioners Court and the sheriff appeal. We hold that this order is erroneous. Defendants were also enjoined from providing any less law enforcement to plaintiffs than is provided to the unincorporated areas of Dallas County. This portion of the order is also erroneous. Accordingly, we reverse the judgment and vacate the injunction.


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