S. Crushed Concrete, LLC v. City of Houston (Opinion)
Annotate this CaseSouthern Crushed Concrete (SCC) filed a municipal permit application with the City of Houston to move a concrete-crushing facility to a new location. The Texas Commission on Environmental Quality (Commission) had previously issued a permit authorizing construction of the facility at the proposed location. The City, however, denied the permit because the concrete-crushing operations would violate a city ordinance's location restriction. SCC sued the City, arguing that the ordinance was preempted by the Texas Clean Air Act (TCAA), which provides that a municipal ordinance may not make unlawful a condition or act approved or authorized under the TCAA or the Commission's rules or orders. The trial court granted summary judgment for the City, and the court of appeals affirmed. The Supreme Court reversed, holding that the ordinance was preempted by the TCAA and unenforceable.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.