*This article has been updated. The article originally had quotation marks around the three items, which are to be reviewed by Judge Livingston. To avoid further confusion, we have removed the quotation marks and changed the word OUR to TREAD and Their. Corridor News is not involved in the lawsuit nor are any of its staff among the landowners affected by the pipeline. We apologize for any confusion this issue may have caused.”
On Tuesday, May 28, the TREAD coalition will have their first hearing in the lawsuit against Kinder Morgan and the Texas Railroad Commission.
Hays County, the City of Kyle and a coalition of impacted landowners filed the lawsuit on Monday, April 22, in the Travis County district court.
Judge Lora Livingston, 261st Civil District Court Judge, will review and potentially give a determination three matters Tuesday at the Travis County Courthouse.
1) Ordering Kinder Morgan to temporarily stop any further takings
TREAD is asking the court for a temporary injunction to order Kinder Morgan to cease eminent domain proceedings along the PHP route until the trial is over.
2) Kinder Morgan’s attempt to end the lawsuit
Kinder Morgan has filed a motion for summary judgment asking the Court to dismiss the lawsuit claiming that the constitution does not require the Texas Railroad Commission to implement a routing approval process. TREAD’s attorneys filed their official response to KM’s motion on May 21.
3) Railroad Commission Motion To Dismiss
The RRC has filed a plea to the jurisdiction arguing the district court should dismiss the lawsuit because it does not have jurisdiction, which is a standard procedure by the State in response to lawsuits of this nature.
The hearing is open to the public. TREAD asks potential attendees to review the rules of decorum before attending and be prepared to act accordingly