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WECK v. SHARP

No. 94-0222.

884 S.W.2d 153 (1994)

Charles Frederick WECK, Petitioner v. John SHARP, Comptroller of Public Accounts for the State of Texas, and Honorable Dan C. Morales, Attorney General for the State of Texas.

Supreme Court of Texas.

September 15, 1994.

Attorney(s) appearing for the Case

Michael E. Vigil, Albuquerque, NM, Joseph (Sib) Abraham, Jr., and H. Tati Santiesteban, El Paso, for petitioner.

Nancy L. Prosser and Dan Morales, Austin, for respondents.

ON APPLICATION FOR WRIT OF ERROR TO THE THIRD COURT OF APPEALS

PER CURIAM.

In this cause, we consider whether a taxpayer may contest an assessed tax through a declaratory action. Petitioner Charles Weck sought a declaratory judgment on the constitutionality of the Controlled Substances Tax Act. The court of appeals upheld the trial court's dismissal for lack of jurisdiction under section 112.108 of the Texas Tax...

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