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TX Supreme Court Rules In Favor Of Property Owners In Houston Drainage Fund Dispute

Two lower courts had previously sided with the City of Houston, but the Texas Supreme Court overturned those decisions.

Texas Supreme CourtImage credit: Wally Gobetz/flickr image

The Texas Supreme Court on Friday ruled in favor of three property owners challenging the City of Houston’s drainage fees.

Voters approved the creation of the drainage fund, known as Rebuild Houston, in 2010. As part of it, property owners pay a monthly fee for street and drainage repairs.

However, after the election, three property owners sued the city, alleging the ballot language was misleading.

The justices ruled that the city did not adequately describe the chief features of the charter amendment, which imposed a monthly fee on property owners to pay for street and drainage repairs.

In their ruling, the justices said that the City of Houston “failed to substantially submit the measure with such definiteness and certainty that voters would not be misled.”

Two lower courts had previously sided with the City of Houston, but the Texas Supreme Court overturned those decisions and sent the case back to the trial court for further proceedings.

 

Related:

Lawyers In Houston Drainage Fund Case Make Arguments In Texas Supreme Court

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