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Texas Midstream Gas Services LLC v. City of Grand Prairie

The 5th Circuit rejected appellant's argument that its eminent domain power trumps the setback requirement of the city's Unified Development Code Article 4 �10. Appellant has not shown that Texas intended to exempt it from zoning or setback requirements, or that Texas' regulations have supplanted the city's police powers in this field. Furthermore, appellant has not shown that the setback requirement is unreasonable or arbitrary. Appellant must therefore comply with the regulations, notwithstanding its eminent domain powers. 5th Circuit Court of Appeals, No. 08-11200, 06-03-2010

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Published opinion

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

This appeal concerns municipal regulation of the siting, construction, and operation of a natural gas compressor station. We weigh jurisdictional and jurisprudential concerns before addressing the merits, which implicate federalism and the interplay between state and local authority under Texas law. We affirm the judgment of the district court denying injunctive relief in part and granting relief in part.

 
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