By Ryan J. Bennett – May 2, 2025
In June 2024, I published an article explaining how Texas property owners can petition to have their land removed from a municipality’s Extra-Territorial Jurisdiction (ETJ), gaining relief from cities’ development restrictions and protection from annexation under Texas Local Government Code Chapter 42, Subchapters D and E, et seq.
Shortly after the statute took effect in September 2023, a group of cities led by the City of Grand Prairie filed suit in the 261st Judicial District Court in Travis County, Texas, challenging the constitutionality of those statutory provisions. That lawsuit created uncertainty about the long-term viability of the law.
As of April 14, 2025, that lawsuit has been dismissed without prejudice for lack of jurisdiction. While this dismissal is good news for landowners, the case can be refiled at any time—meaning that cities may pursue similar legal remedies in the future that could limit or eliminate the current rights granted under the law.
If you’re considering filing a petition for release, this could be an optimal time to file.
At Hayes, Berry, White & Vanzant, LLP, we have extensive experience guiding property owners through the ETJ release process. We have successfully handled these cases statewide and are available to guide you through the petition process.
Ryan J. Bennett is a Texas attorney licensed in all Texas state courts and the U.S. District Court, Eastern District of Texas. His practice focuses on real estate, business, and consumer litigation, including representing individuals, corporations, and trusts who own land in the ETJs of both home-rule and general law municipalities.
