Texas Propane Gas Ass'n v. City of Houston (Opinion)
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In this interlocutory appeal concerning two jurisdictional challenges the City of Houston made to this suit brought by the Texas Propane Gas Association (TPGA) seeking a declaratory judgment that the City's ordinances regulating the liquefied petroleum gas industry to include imposing criminal fines for violations were preempted by state law, the Supreme Court held that the trial court did not lack jurisdiction on either ground asserted by the City.
In challenging the court's jurisdiction the City argued (1) civil courts lacked subject matter jurisdiction to adjudicate TPGA's preemption claim because the local regulations it challenges carry criminal penalties, and (2) TPGA could challenge only those regulations that had injuries at least one of its members. The trial court refused to dismiss the matter for lack of jurisdiction. The Supreme Court held (1) TPGA's claim was not a criminal law matter that must be raised in defense to prosecution; and (2) TPGA's second argument, while framed as a challenge to TPGA's standing, was really a merits challenge, and TPGA demonstrated standing to bring its preemption claim.
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