Today, the Texas Public Policy Foundation filed a landmark lawsuit on behalf of its clients to eliminate governmental overreach by cities over citizens not living within city limits. For too long, these city governments have been able to regulate people and property outside their borders under “extraterritorial jurisdiction,” trapping residents under a city council they did not and cannot vote for. This regulation without representation is not only wrong, it violates the Texas Constitution and must come to an end.
“The entire framework of ETJ regulation by cities has always been constitutionally suspect. As residents of an ETJ cannot vote for municipal elected officials, nor should the city be able to regulate those citizens or their property,” said Robert Henneke, general counsel and executive director at TPPF.
“Like many Texans, our clients chose not to live in the city. For the city to claim authority to regulate their property anyway is unjust and unconstitutional,” said Chance Weldon, senior attorney at TPPF.
“This sort of regulation without representation violates the core principles Americans fought for at the beginning of our republic,” said Christian Townsend, attorney at TPPF. “Back then, we threw the king’s tea in the harbor. This time, we are taking them to court.”
To read the full lawsuit, please go here.