Texas Supreme Court

Ole O. Haverbekken v. P. S. Hale, County Judge

February 27, 1918109 Tex. 106

Summary

In a dissenting opinion, the Texas Supreme Court held that the statutory requirements of at least eight freeholder signatures and a twenty‑day public notice are jurisdictional; failure to satisfy them voids the Commissioners Court's order to open a public road and entitles the landowner to a preliminary injunction. The Court reasoned that these procedural mandates serve the public interest and cannot be waived by the affected landowner.