HOUSTON — The First District Texas Court of Appeals has withdrawn its 2018 opinion and judgment and affirmed the dismissal of a Houston woman's case against the city of Houston, its mayor and director of public works and engineering that alleged the illegal collection of hundreds of millions of dollars through a drainage fee ordinance.
According to the Oct. 17 court ruling, Elizabeth Perez filed an appeal of a 2016 Harris County trial court's granting the city of Houston, Mayor Sylvester Turner and director of public works and engineering Karun Sreerama's plea to the jurisdiction.
"Perez seeks a judgment declaring the drainage fee ordinance invalid, an injunction against the assessment, collection and expenditure of taxes and fees pursuant to the ordinance and reimbursement, 'on behalf of herself and all other similarly situated persons or entities,' of taxes and fees assessed and collected pursuant to the ordinance and paid 'under duress,'" Justice Evelyn Keyes wrote in the appeals court opinion.
Perez and others began challenging Houston's Drainage Fee Ordinance in 2010 when it was proposed to voters as a charter amendment proposition.
"We agree with the city that Perez has failed to plead or demonstrate that the city has actually expended a significant amount of specifically identified funds illegally," Keyes ruled. "... Perez has failed to establish that she has taxpayer standing to challenge any illegal expenditures by the city as pleaded in this case."
Keyes noted that Perez also failed "to plead any facts showing that the city is actually making any 'measurable, added expenditure' of funds on illegal, unconstitutional, or statutorily unauthorized activities. We affirm the trial court’s dismissal of Perez’s claims."