McKinney files second lawsuit against Collin County over permitting rights

Today, the city of McKinney filed a second lawsuit against Collin County over permitting rights in its extraterritorial jurisdiction—unincorporated land outside the city's limits. This time, the county is looped in as a party into an ongoing lawsuit between the city and Custer Storage Center.

The city filed the case against Custer Storage on Sept. 4, 2015, seeking declaratory relief, attorney fees, and a permanent injunction regarding the construction of the facility on property located within the city's ETJ. According to court documents, the city filed the suit because the storage facility did not obtain the required building permits and platting approval from the city.

On Oct. 19, 2015, Custer Storage Center filed a counterclaim against the city asserting a taking of its property as well as declaratory relief and a permanent injunction. Then on Aug. 23, 2016, Custer Storage Center filed special exceptions stating that the county was an indispensable and necessary party to the suit. On Oct. 12, 2016, the court granted the exception and ordered McKinney to add Collin County as a party to the suit.

According to court documents, Custer Storage Center applied for and was given permits from the county. The city then became aware that the storage facility had applied for the county permits. The city then reached out to the business owner and informed them that they first must apply for permits through the city of McKinney. Custer Storage proceeded with construction after telling the city they did not believe they were required to obtain permits from the city.

Court documents stated construction on the storage facility continued with the owners knowing the position held by the city. The city soon issued a stop work order to Custer Storage Facility, which quickly requested any further communication be sent through its attorneys.

For information about the other case, click here.