TCJL has filed an amicus brief in a case argued before the Texas Supreme Court earlier this week. Boerschig v. Rio Grande Electric Cooperative, Inc. (24-0213) arose from a dispute between a property owner and an electric co-op over the validity of an easement granted to the co-op in the 1940s. When the co-op sought to upgrade the power line to better serve its members, the property owner, who purchased the tract in 2016, filed suit to invalidate the easement. The San Antonio Court of Appeals ruled that the co-op acquired an easement by estoppel based on decades of open and obvious use of the easement for the power line. SCOTX granted the property owner’s petition for review in September.
TCJL’s brief urges SCOTX to affirm the court of appeals’ decision. If you would like to know more about the case, you can refer to our full report posted on September 17, 2025. You can read our brief below.
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