Case Conclusion Date: 07.03.2009
Practice Area: Appeals
Outcome: Court of Appeals affirmed trial court
Description: The City of Dripping Springs entered into agreements with two landowners in the City's extraterritorial jurisdiction, Cypress-Hays, L.P. (represented by Lee Parsley) and Mak Foster Ranch, L.P. The agreements contemplated the landowners' development of portions of their property for residential, commercial, and recreational use. The agreements were approved by the city council in public meetings. Save Our Springs Alliance, Inc. filed suit alleging that the agreements would result in added pollution to the environmentally sensitive Edwards Aquifer. In its petition, SOS sought a declaration that the agreements violated the Texas Constitution, and alleged that the public notices regarding the city council's approval of the agreements did not sufficiently communicate the subject matter of the meetings as required by the Texas Open Meetings Act. The court of appeals affirmed the trial court's decision that SOS lacked standing to sue the City and developers.