Texas Supreme Court hears dispute over telecom easement fees, standing and state gift-clause claims

At oral argument before the Supreme Court of Texas, counsel for the petitioning cities urged the court to dispose of the case on standing grounds, saying the State — the only named defendant — does not itself enforce Senate Bill 1004 or Senate Bill 1152 and therefore the cities lack the traceability and redressability required to bring the suit. "Standing is the most straightforward way to resolve this appeal," petitioner counsel Mister Peterson told the justices.

Mister Peterson, arguing for the petitioners, said that because the public rights-of-way at issue are owned by the state, any grant or donation at issue would be made by the State rather than by the cities, and that the statutes therefore do not violate the state gift clauses. He said the statutes satisfy the Borgelt and Texas Municipal League test…