Town of Lindsay v. Cook County Electric Cooperative Association

502 S.W.2d 117 (1973)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
T
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Town of Lindsay v. Cook County Electric Cooperative Association

Texas Supreme Court
502 S.W.2d 117 (1973)

Facts

A Texas ordinance provided that once an area was incorporated, any utility company servicing that area had to send an application to the newly incorporated town to request to keep servicing that area. Further, if the application was not approved, the utility company could continue its service for up to 10 years, after which point the company must remove its service lines and poles to cease service. The ordinance also called for a formal written acceptance of the ordinance by the utility company requesting to continue service. The ordinance also required a fee. Cooke County Electric Cooperative Association (Cooke) (defendant) was operating in the Town of Lindsay (plaintiff) when it became an incorporated town. Cooke applied to the town to continue its operations as the ordinance instructed. The town granted Cooke’s request and Cooke paid the fee required by the ordinance. Cooke directed its attorney to submit the formal written acceptance required under the ordinance, but there is no evidence that the attorney ever did so. Subsequently, the town refunded the fee that Cooke paid and denied its request to further service the area. Once the 10-year service deadline passed, the town demanded that Cooke remove its lines and poles. Cooke refused, and the town brought suit. The lower court found in favor of Cooke, and the town appealed.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms