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City attorney reports briefs filed in wastewater treatment plant appeal; scheduling order pending
Summary
City counsel reported Oct. 21 that the city and other plaintiffs filed initial briefs in the district court appeal of the wastewater treatment plant permit. Motions to dismiss remain pending and the court has not yet set a scheduling order.
City legal counsel updated Parker City Council on Oct. 21 about the appeal of a wastewater treatment plant permit. Counsel said Oct. 15 was the deadline for plaintiffs—including the City of Parker and the City of Murphy—to file initial briefs in the district court in Austin; the city filed its brief along with other plaintiffs and opposing briefs have been filed. Several motions to dismiss remain pending, and staff said they are waiting for the judge to rule and for the court to set a scheduling order.
The city attorney said the briefs filed by the plaintiffs were “well written” and that the combined filings strengthen the plaintiffs’ arguments against the permit approval process. Counsel noted there is not yet a scheduling order and that two motions to dismiss remain under consideration. No new court dates were announced at the meeting.
The council received the update; no action was taken at the meeting related to litigation strategy.
