BREAKING NEWS

GREAT PROGRESS WITH OUR LAWSUIT
AGAINST TOLLER GOV. PERRY!

People for Efficient Transportation vs.
Governor Rick Perry,
TxDOT, CAMPO & SAMPO

Our attorney, former Supreme Court Justice, Steve Smith, one of our endorsed champions in the Republican Primary, has done a stellar job fighting for accountability and our Texas families!

AUSTIN, TX - The defendants (Gov. Perry, TxDOT, CAMPO & SAMPO) filed pleas to the jurisdiction requesting that the lawsuit be dismissed. A hearing was held and the district court denied the defendants' request that the case be dismissed.

The Governor argued that the suit should be dismissed because of sovereign immunity: "Specifically, the Governor clearly has statutory authority under the Federal Act to make the Section 134 Designations. Consequently, the Governor enjoys immunity to any [declaratory judgment] challenge to the Section 134 Designations." The district court disagreed, finding that federal law does not empower the Governor to create MPOs. The resolution of one of the major issues in this case was therefore decided in favor of the plaintiffs, People for Efficient Transportation Inc. (PET).

TxDOT, CAMPO, & SAMPO argued that the suit should be dismissed because of the statute of limitations: "More than four years have expired since the Governor and TxDOT adopted rules with regard to MPOs and since CAMPO and SA-Bexar MPO were created. As a result, Plaintiff's declaratory judgment action is barred by limitations." The district court also rejected this argument, finding that the applicable limitations period began when members of PET members were injured, not when the MPOs were originally created. Since that was within the last two years, the suit is not barred by the statute of limitations.

All defendants argued that the plaintiff lacks standing to sue on behalf of its members. PET did not make any specific factual allegations regarding the issue of standing in its original petition. Under applicable rules of civil procedure, the district court required that PET amend its original petition within 30 days to add the necessary factual allegations regarding its standing to sue on behalf of its members. After amendment, the defendants may again raise the standing issue either by summary judgment or at trial.

Our suit began on 10/05/05. In the suit, People for Efficient Transportation, the plaintiff, makes the following legal allegations:

(1) Neither the governor nor the Texas Department of Transportation has authority under Texas law to create special districts like CAMPO and SAMPO;

(2) Legislators serving on the CAMPO and SAMPO boards violate the separation of powers provision of the Texas Constitution; and

(3) neither CAMPO nor SAMPO have authority under Texas law to appropriate the tens of millions of dollars they spend each year.

Steve Smith continues to work pro bono to fight for ACCOUNTABILITY.