Yesterday, the Third Court of Appeals handed down two memorandum opinions.
The first discussed a deferred ajudication of a truancy charge.
Cause No. 03-03-00253-CV, Jim Walden v. Rex Baker, Justice of the Peace, Precinct 4, Hays County
Yesterday’s other memorandum opinion affirms a trial court judgment dismissing a declaratory judgment action which sought to invalidate Austin’s new smoking ordinance. The VFW, which operates bingo halls in which smoking is commonplace, argued that Austin’s smoking ban improperly criminalized behavior, smoking, which is legal in Texas. The Court of Appeals held that the trial court rightly dismissed the VFW’s claim “because a civil court does not have jurisdiction to make the naked declarations requested by appellants.”
Cause No. 03-03-00762-CV, Veterans of Foreign Wars v. City of Austin
