SOUTHERN UNION CO. v. CITY OF EDINBURG

No. 01-0785.

129 S.W.3d 74 (2003)

SOUTHERN UNION COMPANY, Southern Union Gas Company, and Rio Grande Valley Gas Company, et al., v. CITY OF EDINBURG.

Supreme Court of Texas.

Decided October 31, 2003.

Rehearing Denied April 9, 2004.


Attorney(s) appearing for the Case

Nancy R. Hudson, for Amicus Curiae Texans for Reasonable Legal Fe.

Joe R. Greenhill, for Amicus Curiae Texas Civil Justice League.

Luther H. Soules, III, Jerry J. Fulton, Eduardo R. Rodriguez, Paul D. Andrews, Sara Murray, B. Mills Latham, James P. Wallace, Reagan W. Simpson, for other interested parties.

David C. Garza, for Mercado Gas Services, Inc.

J.A. (Tony) Canales, E. Lee Parsley, for Rio Grande Valley Gas Company.

Daniel W. Bishop, Jerry K. Clements, for Southern Union Company.

Christina Carlson Dodds, Cynthia Keely Timms, E. Lee Parsley, for Southern Union Gas Company.

Russell S. Post, Jennifer Bruch Hogan, Benjamin L. Hall, III, Elizabeth B. Hawkins, John R. Leach, III, Dana C. Livingston Cobb, Robert M. Roach, Jr., Sheryl A. Scott, J. Brett Busby, for City of Edinburg.


Justice OWEN delivered the opinion of the Court.

The City of Edinburg entered into franchise agreements with Rio Grande Valley Gas Company, to whom we will refer as RGVG, that were embodied in ordinances of the City. The ordinance at issue in this case, Ordinance No. 1129, permitted RGVG to install and operate pipeline facilities on or under public rights-of-way and other public lands within the City or areas annexed by...

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