City v. City

Rockwall County is on the edge of the rapidly expanding Dallas-Fort Worth metropolitan area. That surging growth inevitably brings friction, such asCity of McLendon-Chisholm v. City of Heath, in which one Rockwall city sued the other, and the Fifth Court held that the City of Heath had standing to challenge its neighbor’s land-use decision.

Specifically, the Court found that Heath had demonstrated concrete and particularized injuries, including a projected 358% increase in traffic and a significant decrease in property values, which would negatively impact Heath’s tax base and public services. These injuries were enough for standing because they were distinct from general public injuries and directly traceable to McLendon-Chisholm’s actions.

The Court also held that Heath had standing to bring claims under the Texas Open Meetings Act, noting that TOMA ‘broadly confers standing on any person who shares an injury in common with the general public,” and that Heath alleged specific TOMA violations that directly affected it in a way different from the general public—including the adoption of the challenged land-use actions. No. 05-23-00881-CV, Nov. 8, 2024.