TAFT, Tx — Mayor Elida Castillo and three Taft City Council members are asking a judge to dismiss the lawsuit filed against them by City Manager Ryan Smith, arguing the court lacks jurisdiction over the case and that Smith was never authorized to bring the legal action.

In a plea to the jurisdiction filed Friday in San Patricio County’s 343rd District Court, attorneys for the defendants claim Smith lacks legal standing to sue them in his official capacity and that his lawsuit amounts to unauthorized practice of law.

Smith filed his lawsuit on December 8 against Mayor Castillo, Mayor Pro Tem Esmeralda Cruz-Molina, Alderwoman Mariah Moreno, and Alderman Alonzo Molina, seeking a court order to block what he called unlawful council actions. The lawsuit alleges council members violated the Texas Open Meetings Act and interfered with his authority to manage city operations.

Castillo, Cruz, and Moreno won their seats in the November 5 election and were sworn in on November 12—just two days before the November 14 meeting in question. Castillo, who previously served as Ward 1 Alderwoman and Mayor Pro Tem, became Taft’s first female mayor. Cruz and Moreno are new to the council. The newly elected officials campaigned on promises of transparency, accountability, and better communication with residents.

According to Smith’s petition, after the properly posted November 14 meeting ended, council members stayed behind and conducted city business without public notice.

The lawsuit came shortly after the city posted an agenda for a special Thursday council meeting that included an item to consider rescinding all powers previously delegated to the Taft City Manager. That meeting was later canceled due to a lack of quorum.

In their response filed Friday, attorneys for the defendants argue that Smith’s case should be thrown out before reaching the merits of his claims. Attorney Scott M. Tschirhart of Bojorquez Law Firm wrote that Smith, as city manager, would need city council approval to file a lawsuit on behalf of the city.

“Plaintiff does not plead and cannot show that the City Council authorized Plaintiff to bring suit against Defendants,” attorneys wrote in the plea to the jurisdiction.

The response further argues that because Smith filed in his official capacity, he’s essentially representing the city against the city itself. The filing contends this creates a fundamental legal problem: a non-lawyer cannot represent a municipal corporation in court.

“Neither may a non-attorney corporate officer represent the corporation in court, as this also constitutes the unauthorized practice of law,” the filing states.

The defendants’ attorneys also challenge whether Smith has proven any illegal conduct occurred. The response claims Smith hasn’t shown that any council member took official action outside a properly posted meeting agenda.

“Expressing an opinion, particularly for an elected official, has never been the basis for a valid ultra vires claim,” attorneys wrote, referring to Smith’s allegation that council members acted beyond their legal authority.

The filing also emphasizes that under Texas law, the city manager “is appointed by and serves at the will of the governing body of the municipality,” meaning the council has broad discretion over Smith’s employment. The attorneys argue the court cannot substitute its judgment for that of the city council on employment matters.

“This Court lacks jurisdiction to place itself in the place of the City Council when this authority is expressly provided by the Texas Legislature,” the response states.

Following the meeting cancellation last week, Castillo said a special meeting would be Thursday. KRIS 6 News has learned that meeting will not be held.

The cancellation marks the third meeting in just over a month that could not be held due to insufficient attendance, with Alderman Molina indicating he would not attend any of them.

A hearing in the lawsuit is set in district court at 9 a.m. Thursday.