"Many of the wells in Denton cannot be produced without hydraulic fracturing, so a ban denies many mineral interest owners the right to gain value from their property, despite the state's public policy in favor of developing natural resources," TXOGA said in a statement.

"TXOGA believes that the courts of this state should give a prompt and authoritative answer on whether Denton voters had the authority under state law to enact a total ban on hydraulic fracturing within the city limits," the association said.

"We believe the voters of Denton have enacted an ordinance that is unconstitutional under Texas law," Thomas Phillips, TXOGA attorney and former chief justice of the state Supreme Court, said in an interview Wednesday.

"Texas has a public policy that favors the full and effective exploitation of mineral resources and to that end the legislature has granted consider powers to the Texas Railroad Commission and the Texas Commission on Environmental Quality to regulate various aspects hydraulic fracturing and both of those agencies have done so," Phillips said.

He added that the city does not have the power to overturn those state regulations.

Denton Mayor Chris Watts said he had not yet seen the TXOGA suit, but would uphold the fracking ban as passed by the voters. "Once it becomes effective, it will be the same as any ordinance and we will certainly defend it," he said in an interview.

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