Southern Crushed Concrete, LLC v. City of Houston

MAJORITY OPINION

TRACY CHRISTOPHER, Justice.

In this land-use dispute, a concrete-crushing company asserts that a local ordinance is preempted by the Texas Clean Air Act, and thus, its enforcement violates the state constitution. The company additionally argues that in evaluating its application for a permit to operate a concrete-crushing facility, the city was statutorily required to limit its consideration to those laws and regulations in effect at the time the company applied for a permit from the Texas Commission on Environmental Quality. The parties filed cross-motions for summary…