Texas Supreme Court
Texas Antiquities Committee, Appellants v. Dallas County Community College District, Appellee
July 13, 197720 Tex. Sup. Ct. J. 423
Summary
The Texas Supreme Court affirmed the trial court, holding that Section 6 of the Antiquities Code is unconstitutionally vague and that its application to the Dallas County Community College District was unconstitutional as applied because the Antiquities Committee lacked substantial evidence. The Court based its decision on due‑process vagueness analysis and the substantial‑evidence rule, concluding the Committee’s action was arbitrary. It also noted that constitutional questions were avoided where a non‑constitutional ground was available. The Court’s decision was contested by a dissent and joined by a concurring opinion.