Commissioners extend TRO on Commodore Best battery project; court authorizes DA to spend up to $10,000 for related litigation

Van Zandt County's commissioners court extended a temporary restraining order (TRO) against companies developing the Commodore Best battery energy storage facility and approved a motion authorizing the district attorney to spend up to $10,000 for civil litigation expenses, the court said during its meeting.

The TRO, first granted two weeks earlier, was extended for an additional two weeks while county legal staff negotiate with developers and continue to press for the required testing the county says has not been performed. "If they refuse or cannot produce those, passing test results that are satisfactory to the fire marshal, then we will go forward with the litigation," the district attorney said during the court's update.

Why it matters: county officials said the TRO prevents the companies from bringing batteries into Van Zandt County while fire-safety testing is reviewed. The district attorney told the court that litigation and time-sensitive steps such as service of process and contracting expert witnesses require the ability to incur small, immediate expenses without waiting for full court approval.

Court action and legal background The district attorney reported that the county filed a petition for a TRO against the corporations developing the Commodore Best facility in the southwestern portion of the county (Precinct 2) and that the TRO was granted, then extended by agreement for another two weeks. "So the TRO is in place for another 2 weeks while we continue to work toward seeing if there is any type of agreement that they are willing to make that would satisfy us with regard to the required testing that they have not done yet," the district attorney said.

During discussion of a separate agenda item, the court approved a motion authorizing the district attorney to spend up to $10,000 from the county's legal account for civil litigation purposes related to this case and other county civil litigation. The district attorney told the court small, time-sensitive expenses—fees for process servers, consultant deposits and similar items—have arisen since the TRO was filed and that requiring pre-approval at every step would impair the county's ability to meet litigation deadlines. "My office is essentially a law firm…and for me to have to wait two weeks to do anything in litigation for you guys to approve it in advance is just not gonna work," the district attorney said.

The court emphasized that expenditures made under the authorization will be brought back for ratification and will appear in public bills for review. The motion passed on a voice vote.

What happens next Court members said they will continue negotiations with the developers and that, if test results satisfactory to the county fire marshal are not produced, the county will proceed with litigation after the TRO expires. The district attorney and court members said they expect litigation-related costs to exceed the $10,000 cap in aggregate, but they will return to the court for approval when larger expenses are needed.

Provenance Topic intro: "As the court knows, from the resolution passed 2 weeks ago, the county filed, a petition for temporary restraining order against the corporations who are involved in developing the Commodore Best facility…" (transcript start time 00:07:25.245).

Topic finish: "But when it's small things like $55 here and there, the preapproval, is the only way we can successfully get through this lawsuit." (transcript start time 00:53:24.735).