AUSTIN –The Texas Public Policy Foundation (TPPF) filed an amicus curiae brief in Arch Resorts, LLC v. City of McKinney, opposing the City of McKinney's attempt to apply its building codes and permitting requirements to land outside city limits without statutory authority. Oral arguments in the case are scheduled for today, Wednesday, May 11, 2016.
“Respect for the rule of law requires recognition that there are inherent limits to government power,” said Robert Henneke, general counsel and director of the Center for the American Future at TPPF. “Once again in this matter, the record suggests that another local governmental entity – in this case the City of McKinney – has exercised its powers not for the public interest, but for protection of a few special interests. Principles of liberty demand that city authority to regulate be strictly limited to within its city limits, and even then, within the limits proscribed by state law.”
“Municipal authority generally stops at city limits,” said Allegra Hill, policy analyst for the Center for Local Governance and co-author of the Foundation’s amicus brief. “The City of McKinney has very limited authority in its extraterritorial jurisdiction (ETJ). It does not represent the people in the ETJ, and any power it has over them must be clearly granted by the Legislature, and narrowly interpreted by the courts. Yet, McKinney is trying to exercise broad ‘health, safety, and welfare’ powers outside its jurisdiction.”
A to read the amicus curiae brief in its entirety, please visit: http://txpo.li/Arch-Resorts-LLC-v-City-of-McKinney-Amicus-Brief
To schedule an interview with Ms. Hill please contact Caroline Espinosa at [email protected] or 512-472-2700.
The Honorable Robert Henneke is general counsel and director of the Center for the American Future at the Texas Public Policy Foundation.
Allegra Hill is a policy analyst with the Center for Local Governance at the Texas Public Policy Foundation.
The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.