Texas Supreme Court
Houston Municipal Employees Pension System, Petitioner v. Craig E. Ferrell, Jr., Respondent
November 30, 200751 Tex. Sup. Ct. J. 154
Summary
The Texas Supreme Court held that Craig Ferrell's voluntary non‑suit rendered his case moot, so his judgment was vacated and his case dismissed. The Court also held that the 29 other plaintiffs lack subject‑matter jurisdiction to obtain declaratory or injunctive relief because Article 6243h expressly makes the pension board's determinations "final and binding" and provides no right of judicial review. The Court reversed the Court of Appeals and dismissed the plaintiffs' action. Justice Brister, joined by Justice O'Neill, filed a concurring opinion emphasizing the statutory prohibition on judicial review.