State ex rel. Best v. Harper (Corrected)Annotate this Case
The Supreme Court affirmed as modified the judgment of the court of appeals reversing the trial court’s denial of Defendant’s motion to dismiss this suit seeking to remove Defendant from a county hospital district board, holding that the Texas Citizens Participation Act (TCPA), Tex. Civ. Prac. & Rem. Code 27.003, applied to the State’s removal action and that the State failed to establish a prima facie case for removal.
Defendant argued that the removal petition should be dismissed because the State could not establish a prima facie case for removal. The trial court denied the motion. The court of appeals reversed and remanded to the trial court for a determination of Defendant’s request for attorney fees and costs. The Supreme Court affirmed as modified, holding (1) the TCPA applies to a removal petition, and a removal petition does not constitute an “enforcement action” under the TCPA; and (2) Defendant was not entitled to dismissal of or attorney’s fees for the state’s allegation that he violated the Open Meetings Act.