GREEN VALLEY SPECIAL UTILITY v. CITY OF SCHERTZ

No. 18-51092.

969 F.3d 460 (2020)

GREEN VALLEY SPECIAL UTILITY DISTRICT, Plaintiff-Appellee Cross-Appellant, v. CITY OF SCHERTZ, TEXAS; DeAnn T. Walker, in her official capacity as Chairman and Commissioner of the PUC; Arthur C. D'Andrea, in his official capacity as a Commissioner of the PUC; John Paul Urban, in his official capacity As Executive Director of the Public Utility Commission of Texas; Brian James, in his official capacity as the City Manager of the City of Schertz, TX; Shelly Botkin, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed August 7, 2020.


Attorney(s) appearing for the Case

Paul M. Terrill, III, Esq. , G. Alan Waldrop , Terrill & Waldrop, Mark H. Zeppa , Law Offices of Mark H. Zeppa, Austin, TX, for Plaintiff-Appellee Cross-Appellant.

Lowell Frank Denton , Denton, Navarro, Rocha, Bernal & Zech, P.C., San Antonio, TX, for Defendant-Appellant Cross-Appellee City of Schertz, Texas and Brian James, in his official capacity as the City Manager of the City of Schertz, TX.

Jason R. LaFond , Office of the Attorney General, Office of the Solicitor General, John Richard Hulme, Esq. , Assistant Attorney General, Office of the Attorney General, Environmental Protection & Administrative Law Division, Linda B. Secord , Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Defendant-Appellant Cross-Appellee DeAnn T. Walker, in her official capacity as Chairman and Commissioner of the PUC, Arthur C. D'Andrea, in his official capacity as a Commissioner of the PUC, John Paul Urban, in his official capacity as Executive Director of the Public Utility Commission of Texas, and Shelly Botkin.

Richard W. Fryer , Fryer & Hansen, P.L.L.C., McAllen, TX, for Amicus Curiae North Alamo Water Supply Corporation.

Jonathan F. Mitchell , Austin, TX, for Amicus Curiae Texas Rural Water Association.

Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, and Oldham, Circuit Judges.


This appeal arose out of two orders of the Texas Public Utility Commission ("PUC") decertifying territory from the certificate of convenience and necessity ("CCN") issued...

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