Supreme Court

23-0767 - Elliott v. City of College Station 

Elliott v. City of College Station

  • Case number: 23-0767
  • Legal category: Jurisdiction
  • Subtype: Political Questions
  • Set for oral argument: January 15, 2024

Case Summary

At issue is whether claims under the Texas Constitution’s “republican form of government” clause present a nonjusticiable political question.

Shana Elliott and Lawrence Kalke live in the City of College Station’s extraterritorial jurisdiction. They cannot vote in City elections, but City codes regulate their property. Elliott and Kalke seek to place portable signs on their property and build a driveway for a mother-in-law suite. City ordinances prohibit portable signs and require a permit to build a driveway.

Elliott and Kalke sued the City and its officials, alleging that the ordinances facially violate the Texas Bill of Rights’ “republican form of government” clause by regulating them despite their inability to vote in City elections. The City argued that the claims are not ripe because the ordinances have not been enforced against the plaintiffs. The City also argued that claims under the “republican form of government” clause present a nonjusticiable political question. The trial court agreed and granted the City’s plea to the jurisdiction. The court of appeals affirmed.

The plaintiffs filed a petition for review. They argue that they have standing and that their claims are ripe and justiciable. The Supreme Court granted the petition.      

 

Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case.