Dallas G. Perkins, Petitioners v. the State of Texas, Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court, holding that the incorporation of the town of Impact is valid because the Legislature, through Articles 966h and 974d‑9, validated any defects in its incorporation, boundaries, and governmental actions. The Court found that the statutory prerequisites for validation were satisfied, including the population limits and the town’s attempt to function as an incorporated municipality. The dissent argued that the validating statutes do not apply because Impact was not functioning at the relevant time and the population criteria were not met, and would have affirmed the appellate court.