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Justices Weigh Challenge to College Station’s Extraterritorial Regulation Under Texas Constitution
Summary
The court considered whether homeowners who live outside College Station but inside its extraterritorial jurisdiction (ETJ) may be regulated by the city without a democratic check and whether those plaintiffs have standing or face other jurisdictional obstacles; argument also addressed the new SB 2038 withdrawal process.
The Supreme Court of Texas heard oral argument in Shana Elliott and Lawrence Kalkke v. City of College Station, No. 230767, a challenge to municipal regulation of properties located in a city’s extraterritorial jurisdiction (ETJ). Petitioners argue the city's exercise of regulatory power over nonresidents who cannot vote in municipal elections infringes Article I, Section 2 of the Texas Constitution (the republican‑form provision).
Petitioners’ counsel, Mr. Weldon, told the court that his clients "want to do ordinary things for their property like put up yard signs or make…
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