Texas Supreme Court
Westheimer Independent School District, Petitioner v. M. L. Brockette
March 29, 197821 Tex. Sup. Ct. J. 283
Summary
The Texas Supreme Court affirmed the district court's permanent injunction enjoining the Commissioner of Education, Houston ISD, and the Houston Teachers Association from any hearing or action that would question the creation or existence of Westheimer Independent School District, and reversed the court of civil appeals' reform of that injunction. The Court held that the Commissioner lacks jurisdiction to review the final order of the State Board of Education and that the parties' delay in appealing that order is unreasonable as a matter of law, thereby barring any later judicial challenge. Justice Johnson dissented, arguing that the majority overreached by deciding jurisdictional issues not raised and that the delay analysis was unsupported.