Mockingbird Pipeline, L.P., filed a condemnation lawsuit against the Town of Flower Mound in January of this year for a thirty foot natural gas pipeline easement across Fire Station No. 2 property, located at FM1171 and Shiloh Road. The Town has vigorously resisted that effort and last Friday Denton County Probate Judge Don Windle ruled that his court has jurisdiction to hear the case. Because of that ruling, the Town filed an immediate appeal of Judge Windle’s decision and now the Texas Court of Appeals in Fort Worth will determine whether a natural gas pipeline company is legally authorized to condemn municipal property. 

     “We will continue to resist all efforts to place a natural gas pipeline across Fire Station Number Two property in western Flower Mound,” said Robert Brown, lead Flower Mound litigator. “We understand that this will be a case of first impression by the Fort Worth Court of Appeals. We believe it eventually will have far-reaching consequences around Texas, particularly for those municipalities that do not agree with pipeline companies that want to locate and install natural gas pipelines in parks, across fire station properties, in front of city halls, and at other municipal facilities.” 

     Judge Windle noted in his ruling that this is a case of first impression in Texas and that there is no guidance under existing Texas law.  At the present time it is difficult to predict when the court of appeals will issue a ruling, but the Town of Flower Mound does not anticipate a final ruling until later this year. The Town anticipates that Mockingbird Pipeline will attempt procedural maneuvers in the interim to gain access to the fire station property to begin construction of the natural gas pipeline. However, the town will continue to resist all such efforts. For more information, contact: Michael Ryan, Flower Mound Director of Community Affairs: 972.874.6078 / 214.493.2983.

- Special to The News Connection