In City of Houston v. Todd. 41 S.W.3d 289, 302 n.21 (Tex. App.--Houston 1st Dist. 2001, pet. denied), Robb Todd, a city counsel member, and Allan Vogel, a voter who had signed a petition for a referendum on the city ordinance granting the Metropolitan Transit Authority of Harris County (METRO) the right to construct a light rail line along Main Street, sued the City of Houston and METRO when the City refused to hold an election on the referendum. Id. at 292-93.
The petition, which Vogel signed but Todd did not, stated that a vote of the citizens of Houston was required by the city charter before METRO could construct the Main Street light rail line. Id. at 293.
The Court ruled against Vogel and the other plaintiff on the basis of the City's argument that the city charter provisions relied upon by the plaintiffs were preempted by provisions of the Texas Transportation Code and were not applicable to the complained-of ordinance. Id. at 295, 302.
The Court did not address the issue of standing, except to state, "We note that appellee Vogel has standing. . . ." Id. at 302 n.21.