In the most recent of the disputes as to what is a common carrier in Texas, Williams Field Services is fighting back, claiming not only does it have common carrier status, but that Court costs should be assessed against the property owner challenging the process. This “hardball” may or may not succeed, but the question of what a common carrier is in Texas is not going away quickly.
"Plaintiff contends defendant does not have these rights and would show that defendant has produced no evidence establishing even a colorable claim to these rights," the suit states.
"In fact, public records show that defendant is not a common carrier with respect to the proposed extension."
GTP is seeking a declaratory judgment from the court that WFS has not established its status as a common carrier and thus does not have the power of eminent domain.
The company is also seeking to recover court costs and attorney's fees.