8th Court of Appeals denies City of El Paso’s request for re-hearing on Pickett lawsuit
EL PASO, Texas (KVIA) -- The 8th Court of Appeals denied the City of El Paso's request for a re-hearing on former City of El Paso and State Representative Joe Pickett's lawsuit against the city. It stems from a franchise fee added to utility bills in 2014.
A June ruling by the court held that the city's franchise fee on wear and tear from the street's maintenance trucks was unconstitutional. The city filed the re-hearing on July 9th and was denied Monday evening.
The lawsuit has been going on for six years, but Pickett told ABC-7 he's ready to fight as long as it takes to come to a conclusion.
In 2014, the city authorized its Environmental Services Department to charge a fee to account for the wear and tear from the city's sanitation vehicles.
"We also found out, though, they weren't using the fee to repair the streets. They're using it for whatever they wanted," Pickett said.
A trial court ruled in his favor in 2024, citing the city generated revenue from the fee instead of covering the cost of the trucks.
July 9, the city filed a motion for a rehearing on the case, which the court denied Monday.
"Do they have the right to take it higher? Yes. So we'll see if that's what they decide to do," Pickett said. "But I feel again, very strong about the case and what this means for open government."
Pickett said the issue is the whole reason why het got involved in government as a representative.
"It was to be open with the public," he said.
Because of the case, Pickett said the city and others are being more careful with what they do. He hopes the case can continue to help open government in all areas.
"We've made it better for open government and other places." he said. "I just wish El Paso would lead the charge and do something to correct what they've done."
Pickett said the city has about 60 days to file another appeal, which would go to the Texas Supreme Court.
ABC-7 reached out to the City of El Paso about the rehearing. They responded with:
"The City respects the Court's decision and will continue to evaluate its appellate options. Because this remains active litigation, the City has no further comment at this time."
