Jury trial demanded, over $1M sought in suit

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An amended petition in the lawsuit against the City of Livingston regarding its electric rates was filed this week, removing one of the plaintiffs – Citizens of Livingston for Fair and Equitable Relief. The suit is being brought by RecoveryX Livingston LLC for Assignees of Residents of the City of Livingston.

Plaintiffs are demanding a jury trial on the claims and are seeking monetary relief in an amount over $1 million, pursuant to Texas Rules of Civil Procedure 47.

The class action lawsuit against the City of Livingston, Livingston Municipal Electric System, and Sam Rayburn Municipal Power Agency alleges that the city has a monopoly on electric service within the City of Livingston, that the city’s electric rate creates a private nuisance, and creates unjust enrichment of the City of Livingston.

City officials have previously stated that the claims are baseless and that the company that is bringing this suit has no standing.

RecoveryX Livingston LLC is owned by Simpson Holdings Inc. of Houston which is owned by Erik M. Simpson.

The case is in the 258th Judicial District and will be heard by Retired 272nd District Judge John M. Delaney who was appointed following the recusal of 258th District Judge Travis E. Kitchens Jr.