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 held that the Commissioner of Education lacks jurisdiction to rehear the final order creating Westheimer Independent School District, affirmed the injunction barring the Commissioner from holding any hearing, reversed the appellate court’s reform of that injunction, and ruled that the parties’ delay in seeking judicial review was unreasonable as a matter of law, thereby precluding any further challenge. Justice Johnson dissented, arguing the majority overreached.