The city of McKinney is suing Collin County over who should be authorizing development on land just outside the city limits.

Today the city of McKinney filed suit against Collin County over the interpretation and application of a 2002 Interlocal Agreement between the city and the county regarding certain permitting rights within the city's extraterritorial jurisdiction—land that is still considered unincorporated Collin County until the city annexes it—and the respective authority of both entities to regulate construction in McKinney's ETJ, according to city and county officials.

The city of McKinney has been in litigation since May 2015 with the developers of a planned RV park in the northwest sector that was approved by the county last year. The problem, city officials said, is that the RV park would be built directly in the center of an area the city has planned for a major commercial development.

"We are responding to the request from the district judge to include the county as a necessary party by filing what amounts to a declaratory judgment action asking the judge to rule on the relative permitting rights of the city and the county within our extraterritorial jurisdiction," said Mayor Brian Loughmiller. "Included in this would be a determination of the right of governmental entities to enter into interlocal agreements on these issues to promote a positive working relationship between the county and the city on development issues in the extraterritorial jurisdiction of the city of McKinney as our city continues to grow."

According to court documents filed today, the city contends that the county has exceeded its statutory authority by issuing building permits to properties developing in McKinney's ETJ. As a result, court documents said, the city’s lawful authority to regulate development in the city’s ETJ is being substantially and significantly impaired.

According to court documents, the city of McKinney has actively attempted to negotiate with the county over this dispute. Such efforts have been unavailing and left the city with no other option than to institute this proceeding against the county for declaratory relief, permanent injunctive relief and attorney’s fees.