TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to http://www.tml.org/p/AmicusBriefUpdate_021317.pdf.

Municipal Zoning/PUC JurisdictionAppeal of Brazos Electric Cooperative, Inc. and Denton County Electric Cooperative, Inc. d/b/a CoServ Electric from an Ordinance of The Colony, Texas, and, in the alternative, Application for a Declaratory Order, PUC Docket No. 45175. In this docket, electric cooperatives appeal a city’s denial of a specific use permit for an electric substation.  The cooperatives claim that the Public Utility Commission (PUC) has jurisdiction to overturn the city’s zoning ordinance as it applies to them.  TML argued that the PUC has no jurisdiction over a generally-applicable police power ordinance, like that complained of here.  The comments were filed on July 8, 2016.  SOAH asserted jurisdiction on August 2, 2016, and TML filed a second comment at the PUC level on January 25, 2017, arguing that the commission should find in favor of the city on the merits.

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