On February 2, the Texas Supreme Court issued their opinion in City of Richardson v. Oncor Electric Delivery Co. LLC.  The case centered on who bears the cost of relocating electric utility facilities to accommodate the widening of a street or alley within a city’s rights-of-way.  The Court reversed the Court of Appeals and sided with Richardson.  Specifically, the Court found that cities have exclusive control over their public rights-of-way and have authority to manage the terms of use of those rights-of-way.  The Court’s decision will directly impact cities throughout Texas by affirming their authority to require electric utilities to pay for certain facility relocations.

VIEW TEXAS SUPREME COURT’S OPINION

If you would like additional information or have any questions, please contact Thomas Brocato, a Prinicpal in the Firm’s Energy and Utility Practice Group, at 512.322.5857 or tbrocato@lglawfirm.com.

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