In a 23-page filing at the Texas Supreme Court this week, Kinder Morgan’s attorneys restated their case that four taxing entities’ lawsuit against the company and Scurry County Appraisal District should be dismissed.
The company’s attorneys make seven arguments for dismissal including that the taxing entities “never alleged — either in the ARB (Appraisal Review Board) or in the trial court — that Kinder Morgan made misrepresentations to the government.”
The company’s attorneys also argue that the Texas Citizens Participation Act (TCPA) was applicable and that the company never waived its request to extend its TCPA deadline.
Kinder Morgan also questioned attorney D. Brent Lemon’s standing in the case, citing a Pecos County court ruling that dismissed with prejudice a similar lawsuit involving Kinder Morgan and Iraan-Sheffield ISD, which was represented by Lemon.
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