The City of McKinney has filed a lawsuit in Travis County that effectively sues its own residents, asking a court over 200 miles away to shut down citizen challenges to controversial airport‑expansion bonds.
In a little‑known maneuver currently legal under state law, McKinney and its affiliated development corporation have asked a Travis County district court to “validate” tens of millions of dollars in bonds over the objections of taxpayers, who have twice rejected the proposed debt at the ballot box.
The suit could nullify pending litigation against the city and prevent any future bond-related lawsuits brought by its taxpayers.
Background
McKinney voters have twice rejected property‑tax‑backed airport expansion bonds: a $50 million bond in 2015 and a $200 million bond in 2023. Rather than dropping the project, city officials moved to “other city funding sources.”
In 2025, the city requested and received $5.4 million in grants for the airport project from the McKinney Economic Development Corporation (MEDC) and McKinney Community Development Corporation (MCDC). Both are financed by a dedicated 0.5 percent local sales tax.
McKinney’s actions assumed voters only rejected the project because they didn’t want to pay for it through general obligation bonds, but would support paying for it through sales tax revenue bonds.
In March 2026, MCDC authorized $30 million in “Sales Tax Revenue Refunding Bonds” to refinance its 2025 airport bonds.
In response, the North Texas Conservation Association (NTCA)—a non-profit organization dedicated to protecting the natural environment of North Texas—immediately filed a lawsuit in Collin County challenging the legality of MCDC’s controversial 2026 airport bonds.
A Trial by Ambush
On April 24, the City of McKinney and MCDC filed a lawsuit against all of its citizens in a Travis County district court, seeking a declaration that its 2026 airport bonds are legal and enforceable. The lawsuit was filed under Chapter 1205 of the Texas Government Code, also called the Texas Expedited Declaratory Judgment Act (EDJA).
This little-known law allows bond issuers—including cities—to file an expedited declaratory bond-validation lawsuit against a very broad group of defendants, including all taxpayers, property owners, or residents whose rights might be affected by the bonds.
The EDJA also allows a bond‑issuer to choose between litigating in its home county or Travis County. That gives city officials and their lawyers a strategic choice—to face local taxpayers and local judges or go to Travis County, where residents are unlikely to show up, particularly on short notice.
McKinney chose to file in Travis County.
Petitioners are not only asking for a fast court ruling confirming the validity of its 2026 airport bonds, but for the court to block any challenges seeking to invalidate them. This would seemingly include NTCA’s pending lawsuit.
“This feels like an attempt to take this fight away from the people of McKinney,” NTCA stated. “Residents have repeatedly asked questions about the financial risks, the environmental impacts, the future of our community, and the long-term consequences of airport expansion. Instead of addressing those concerns transparently here in Collin County, the City and MCDC chose to file in Travis County.”
An EDJA filing requires the court to immediately set a trial “on the first Monday after the 20th day after the date of the order.” A trial has already been scheduled for May 18, meaning any citizen wishing to challenge the bonds is expected to appear in Travis County on that date.
Under the law, public notices in newspapers are considered sufficient notice to the public—meaning many McKinney taxpayers remain unaware of the lawsuit.
Attorney Tony McDonald called the EDJA an “insane law that needs to be repealed.”
“Essentially, it lets local governments sue their residents in Austin in a ‘class action’ with only newspaper notices,” McDonald told Texas Scorecard. “It’s a trial by ambush with less than 20 day’s notice and no discovery. The statute was written by bond issuers to stomp on taxpayers and defies every semblance of due process.”
He explained that under the EDJA, McKinney may move to set a bond for citizens to even participate in the case. In previous cases, such bonds have been upwards of a million dollars.
The Office of the Attorney General (OAG) is automatically served in EDJA cases and is tasked with informing the court whether the bonds comply with Texas law. Yet the OAG is also operating on short notice.
At the time of publication it is unclear whether the OAG will side with McKinney or accept NTCA’s arguments regarding the bonds’ illegality.
“This should concern every taxpayer in McKinney regardless of where they stand on airport expansion,” commented NTCA. “People deserve the right to have their voices heard in their own community—not rushed through a legal process happening far away from the residents who will live with the consequences.”
“NTCA and its legal team are now preparing to respond in Travis County and will seek to have the EDJA case dismissed,” the organization wrote.
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