TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to: 

Land Use:  City of Shavano Park v. ARD MOR, Inc., No. 04-14-00781-CV, in the Fourth Court of Appeals of Texas.  TML and TCAA filed an amicus brief in support of the City of Shavano Park.  In 2014, Lockhill Ventures, a developer, entered into a Development and Annexation Agreement with the City of Shavano Park regarding a piece of Lockhill’s property.  The property is subject to restrictive covenants imposed by the previous owner.  The city approved a development and annexation agreement, and Lockhill planned to add a gas station to the property.  Other landowners who are parties to the restrictive covenants, ARD MOR, then sought an injunction against Lockhill and filed for declaratory judgment against the city.  The brief emphasizes that the only basis for ARD MOR’s suit against the city is the restrictive covenants, a purely private agreement between the plaintiffs and Lockhill.  The city is not a party to the covenant, nor has the city taken any act in regards to it.  TML and TCAA argue that ARD MOR has no standing to bring suit against the city, and ask the court to grant Shavano Park’s plea to the jurisdiction.  The brief was filed on June 24, 2015.