context: The continuing viability of both the "general test" and "general rule" evidenced by these Texas Supreme Court cases forces us to decide which measure of standing should apply to the named plaintiffs. The supreme court has used the "general test" for standing mostly (if not exclusively) in the context of declaratory judgment actions.
citation_a.signal: see
citation_a.identifier: 53 S.W.3d 305, 305
citation_a.parenthetical: applying "general test" to city councilman who claimed that mayor usurped his authority
citation_a.sentence: See Todd, 53 S.W.3d at 305 (applying “general test” to city councilman who claimed that mayor usurped his authority); Proctor v. Andrews, 972 S.W.2d 729, 734 (Tex.1998) (applying “general test” to city that claimed statute impermissibly delegated legislative authority); Nootsie, 925 S.W.2d at 661-62 (applying “general test” to appraisal district that challenged the constitutionality of a statute it was charged with enforcing); Tex. Workers’ Comp. Comm’n v. Garcia, 893 S.W.2d 504, 517-18 (Tex.1995) (applying “general test” to challenge regarding the constitutionality of statute); Tex. Ass’n of Bus., 852 S.W.2d at 444 (applying “general test” to plaintiff association challenging a statute’s constitutionality); see also Barshop v. Medina County Underground Water Conservation Disk, 925 S.W.2d 618, 626 (Tex.1996) (following Garcia’s analysis on plaintiffs challenge to constitutionality of statute).
citation_b.signal: see also
citation_b.identifier: 925 S.W.2d 618, 626
citation_b.parenthetical: following Garcia's analysis on plaintiffs challenge to constitutionality of statute
citation_b.sentence: See Todd, 53 S.W.3d at 305 (applying “general test” to city councilman who claimed that mayor usurped his authority); Proctor v. Andrews, 972 S.W.2d 729, 734 (Tex.1998) (applying “general test” to city that claimed statute impermissibly delegated legislative authority); Nootsie, 925 S.W.2d at 661-62 (applying “general test” to appraisal district that challenged the constitutionality of a statute it was charged with enforcing); Tex. Workers’ Comp. Comm’n v. Garcia, 893 S.W.2d 504, 517-18 (Tex.1995) (applying “general test” to challenge regarding the constitutionality of statute); Tex. Ass’n of Bus., 852 S.W.2d at 444 (applying “general test” to plaintiff association challenging a statute’s constitutionality); see also Barshop v. Medina County Underground Water Conservation Disk, 925 S.W.2d 618, 626 (Tex.1996) (following Garcia’s analysis on plaintiffs challenge to constitutionality of statute).