Mailing address:
March 28, 2001 |
|
|
Stephen Pape |
Email: Speak to me. |
PULTE HOMES WINS SUIT AGAINST GLENN HEIGHTS.
Today (March 28), following a bench trial hearing, State District Judge Mary Murphy ruled in favor of Pulte Homes Inc. and against the City of Glenn Heights for action taken by the City Council when they voted to change the zoning criteria on two already approved sub-divisions. Judge Murphy ruled the Council's action was in violation of Section 245 of the Texas Government Code. The result of today's Judgment is Pulte will be able to move forward in building their new subdivisions, both of which had been already approved by the Council. State Law states that the zoning criteria (rules and standards) in effect when a development is approved by a Government Entity should not be altered. Both of these developments were approved to be built with larger homes on larger lots than any of the previous Pulte subdivisions but the Council deliberately chose to alter additional rules during the middle of the construction process, a clear violation of Texas Law.
After the Council made the changes, Pulte officially requested that they be allowed to build according to the rules that were in place when they were given the green light by the City but the Council would not agree to their request. The City Manager and and finally the City's Zoning Board of Adjustments also had the authority to correct the violation of Law but neither of them would go against the City Council's deliberate action. So Pulte went to State Court. Once again, the Courts have proved much more friendly to Glenn Heights investors than our own elected officials.
Today's legal loss is the latest in a series of losses for the Glenn Heights City Council. The City is currently appealing two bench rulings made by two other State District Judges. One of these also involves Council violation of Section 245 of the Texas Government Code. The City is also appealing an Ellis County Jury's award of almost a half million dollars to a would be Glenn Height's Investor/Developer.
As if the court rulings are not enough, the current legislative session is packed with Bills that, if adopted, will severely hurt the ability of all Texas Cities to have development oversight. The Council argues that they are "looking out for the rights of all Texas cities" but in reality it appears their actions are actually contributing to the imposition of much more severe restrictions on all Texas Cities.
There may be elected officials, past or present, who may make decisions that someday will prove to have not been best for Glenn Heights but there is nothing that will threaten this City's reputation and financial standing more than having Elected Officials that see themselves as above the Law and are continuously being slapped down by Judges. When they take risks and loose, we all loose.
The voters of Glenn Heights will soon have another chance to voice their approval or disapproval of their Council's actions in the upcoming May City Election.
I know all the Council candidates and I am convinced that none of them would argue against quality, against lower density, against taking pride in the City of Glenn Heights. I find it laughable for two long time current Council Members, now facing re-election, to claim they alone are blocking the expanse of high density development in Glenn Heights when they have eight years of voting records that show them to have voted FOR apartments, FOR duplexes, FOR smaller homes than their own rules allowed, and AGAINST low density housing (AGAINST allowing a developer to continue with an already approved development while volunteering to simultaneously build a custom home development consisting of the largest lots required in the City's Unified Development Code.) Borrowing a phrase by East Texas Chicken Mogul Bo Pilgrim, their words and inconsistent actions have been "MIND BOGGLING".
In related news, Gehan Homes has announced plans to join Pulte in constructing homes in the new Beaver Creek Development that is located in the Northeast corner of UHL and Bear Creek Roads. We welcome housing competition and additional investment in Glenn Heights! Competition is good, not only with housing, or with shopping, but also with having a choice in the type of Leadership and Representation that we choose to allow.
Cole Burgett and Clayton Spurgin both began undergoing their second round of Oxygenated Hyperbaric Chamber treatments this week.
When Cole's mother Kim heard of Clayton Spurgin, she contacted the Spurgins and told them about the positive results they have
had with Cole. The Spurgins left soon after for Clayton's first round. Now, with the second round, they are saving some of the very expensive
cost by sharing living quarters and going to a facility they found here in Texas. Please pray for these two young babies and remember
that your donations are still very much needed. Donations for Cole Burgett can be made at Abrams Centre Bank on Ovilla Road and for
Clayton Spurgin can be made at Bank of DeSoto on Hampton Road.
Last week a local fundraiser was held for Cole Burgett in which a little over $1800.00 was raised. Thanks to everyone that has
contributed to both of these two babies fight for life. With your financial help and prayers, they are being given a chance they would otherwise
not have.
Link to previous information on Cole.
Link to Fictional Council Heights Series.
March 17, 2001 Glenn Heights City Council Recall Results
Mayor Coffman and All Council Members keep their seats.
A Recount on Humphrey occurred March 23 with no change in
the final outcome.
Both Jesus Humphrey and June Johnson have signed up to run again in the May City Election. If they get their way, they
will have been
in office for 10 years before their next term expires. Fortunately they both
have
opponents.
Before you cast your vote in May, I encourage you to find the answer to the following two questions:
First--"What good have they each accomplished after 8 full years of being on the City Council?"
Second--"Have either of them done anything to discourage or disavow negative actions against their fellow elected officials over the past 8 years, or have they developed a pattern of bickering, name calling, back stabbing, and rumor mongering?"
After you get these answers, please take time to vote for the candidates that will best be able to lead Glenn Heights to a brighter future.
If you want to have a good neighbor you must be a good neighbor.
Other articles from Stephen's Desk.