in Re: Herbert Gears ( 2014 )

DENY; and Opinion Filed February 25, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00187-CV
IN RE HERBERT GEARS, Relator
Original Proceeding in the Fifth District Court of Appeals
Dallas County, Texas
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice O'Neill
Before the Court is relator’s petition for writ of mandamus in which he contends that the
Secretary of the City of Irving, Texas and the Mayor of the City of Irving, Texas have failed to
take mandatory ministerial steps required under the Texas Election and Tax Codes to certify his
proposed ordinance for the ballot in the upcoming City of Irving elections on May 10, 2104. The
facts and issues are well known to the parties, so we need not recount them herein. Based on the
record before us, we conclude relator has not shown he is entitled to the relief requested. See
TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig.
proceeding). Accordingly, we DENY relator’s petition for writ of mandamus.
/Michael J. O'Neill/
MICHAEL O’NEILL
JUSTICE
140187F.P05