Legal Opinion
City of Mont Belvieu v. Enterprise Products Operating, LP
Texas Court of Appeals, 14th District (Houston)
Decided February 27, 2007No. 14-05-01197-CVPublishedCited by 25 opinions
1Opinion of the Court
OPINION
CHARLES W. SEYMORE, Justice.
In this land use dispute, the City of Mont Belvieu (the “City”) appeals from an order granting a plea to the jurisdiction in favor of Enterprise Products Operating, LP (“Enterprise”). In four issues, the City contends the trial court erred by dismissing the City’s suit for want of jurisdiction because (1) preemption is an affirmative defense, not a jurisdictional bar, (2) Enterprise failed to establish that the City’s ordinances were preempted by certain provisions of the Texas Natural Resources Code (the “code”), (3) the code does not divest a district…
2Cases cited15 opinions
- Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
- Bland Independent School District v. BlueTexas Supreme Court · 2000
- Texas Natural Resource Conservation Commission v. WhiteTexas Supreme Court · 2001
- In Re Entergy Corp.Texas Supreme Court · 2004
- Britton v. Texas Department of Criminal Justice, Texas Court of Appeals, 1st District (Houston)2002
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Tara Partners, Ltd. v. City of South Houston, Texas Court of Appeals, 14th District (Houston)2009
- Ward v. Lamar UniversityCourt of Appeals of Texas · 2016
- S.W., as Next Friend of A.W. v. Arlington Independent School District and Lindsey Foster, Texas Court of Appeals, 2nd District (Fort Worth)2014
- City of San Antonio v. Caruso, Texas Court of Appeals, 4th District (San Antonio)2011
- Clay Exploration, Inc. v. Santa Rosa Operating, LLC, Texas Court of Appeals, 14th District (Houston)2014
20 more not listed; retrieve them via the Exa API.