Cobb & Johns Secures Major Summary Judgment Victory for Property Owners in City of Taylor ETJ Dispute

Cobb & Johns PLLC is proud to announce a significant property-rights victory on behalf of its clients in the 425th District Court of Williamson County, Texas. In Marek, et al. v. City of Taylor, the Court granted our clients’ motion for summary judgment, declaring that the City of Taylor violated Texas law by refusing to release our clients’ land from the City’s extraterritorial jurisdiction (“ETJ”) as required by the Texas Local Government Code.

This case arose after Cobb & Johns helped a group of property owners submit petitions to be released from the City of Taylor’s ETJ following the passage of Senate Bill 2038. Under the law, cities are required to release properties if property owners or residents satisfy the statute’s straightforward petition requirements. But despite SB 2038’s clear language requiring the City to release our client’s properties, the City of Taylor rejected the petitions, citing unrelated development agreements as the grounds for its denial.

Cobb & Johns aggressively challenged the City’s unlawful actions, filing a motion arguing that Texas law left no discretion to the City once the petition requirements were met. The Legislature designed SB 2038 to make extraterritorial status essentially a matter of consent, as residents in an ETJ are subject to some municipal regulations but have no say in municipal government.

Both the City and the property owners filed motions for summary judgment. And after reviewing the parties’ motions and hearing argument, Judge Betsy Lambeth ruled decisively in favor of Cobb & Johns’s clients. The Court held that the City of Taylor violated Chapter 42 of the Local Government Code. Also important, the Court declared that our clients’ properties are “outside the City’s extraterritorial jurisdiction as a matter of law.”

“This is a landmark victory for property owners’ rights,” said lead attorney Bill Cobb. “The Texas Legislature made clear that cities cannot continue to regulate property owners who are given no voice in municipal government. We are proud to have helped enforce that mandate and protect our clients’ ability to control the future of their land.”

This ruling has major implications for landowners across Texas, especially in rapidly expanding areas where cities often attempt to maintain control over land even outside city limits. It sends a strong message that municipalities must comply with the statutory requirements for ETJ releases and cannot invent barriers based on contractual arguments or policy preferences.

Cobb & Johns is honored to represent Robert Marek, Cherie Turner-Marek, Julius and Roxana Wolbrueck, Michael and Laurel Herzog, Glen and Joan Polasek, Duane and Sandra Stoll, the Cecilia Ida Hannan Trust, and the Hengst family in achieving this important victory.

The firm will continue to fight to protect property owners’ rights across Texas and ensure that local governments are held accountable when they exceed their lawful authority.

For more information about this case or to learn more about Cobb & Johns’s property rights and municipal litigation practice, please contact us at (512) 399-3150 or visit www.cobbjohns.com.