August 9, 2011
In the majority opinion in a 5-4 decision, the Texas Supreme Court, specifically Chief Justice Wallace Jefferson, cited Baylor Law Professor Ron Beal's Texas Administrative Law Treatise. The treatise was cited a number of times regarding the power of a municipal agency to construe the meaning of the constitution and/or the finding of facts related to a constitutional claim. Beal wrote that agencies do not have the power to construe the constitution and that the courts can substitute judgment.
The case dealt with a city health board condemning a home as a nuisance and then the city destroying it. It was the decision of City of Dallas v. Stewart
decided July 1, 2011.
"Just knowing they (the Texas Supreme Court) have my treatise and might view it as authoritative enough to go to it on their own was definitely a positive feeling," Beal said.
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