Mailing address: Stephen Pape 204 Cripple Creek Glenn Heights, TX 75154

Email: Speak to me.

Stone Creek Lawsuit Summary

There are two lawsuits that have been filed against the City by Sheffield Development Company.

The City has actually lost both lawsuits before two different State District Judges.

The lawsuits stem from the down zoning of Sheffield's Stone Creek Property shortly after he purchased it. Prior to his purchase, Sheffield had expressed to the City, in writing, his intent to continue the development according to the original development plan.

The City Council has appealed the Judgments from both lawsuits.

The first lawsuit was filed in Ellis County. The City was ordered to pay Sheffield $485,000 in damages by an Ellis County Jury. The City has spent an estimated $200,000 fighting this lawsuit. Interest is accruing on the Judgment at a rate of 10% and the start date of interest may be either the date of the Judgment or the date of the damage occurring. The City has appealed the Judgment and a ruling by the Waco Appeals Court could occur any day.

The second lawsuit has been ignored by the Council and even some staff members when explaining the Stone Creek dilemma. This suit was filed in Dallas County. In this suit, the Judge has ruled that the original zoning is to be re-instated and the developer is to be allowed to continue the Stone Creek Development just as Phase One was constructed. The City was also ordered to pay the Developers legal fees. The only thing stopping the development from being continued is this Judgment has been appealed as well. I don't think the Appeal has actually been argued as of this date.

The Developer offered a compromise that exceeded the City's Building and Zoning Standards prior to filing suit. This compromise would have included park land, less dense development, larger home sizes, all concrete roads, and avoided any type of litigation (or judgments, or legal fees).

Developer Sheffield later agreed to accept another negotiated compromise just days before the Ellis County Lawsuit was to begin. This compromise would have reduced the density and increased the home sizes even more than the original offer the developer had made but it also contained (in trade) asphalt roads rather than cement as was required in Phase One and the rest of the City. The Council majority (Stephen Pape, Nancy Otto, Don Williams, and Gary Jean) voted to accept this compromise but three Council Members, (Jesus Humphrey, June Johnson, and Mary Coffman) thwarted the compromise effort by voting to reject the offer and take our chances in Court.

The Pre-Trial Compromise that would have been adopted, would have reduced the density of the re-instated development plan by approximately 125 homes. It also would have caused a Custom Home Subdivision to be built in Glenn Heights, at Sheffield's expense, simultaneously to the continuation of Stone Creek. Also, all the home size minimums in the Stone Creek portion of the development would have been increased by at least 150 square feet per home and 40% would have been increased by a mandatory 450 square feet.

As a result of the Stone Creek Judgments, the five remaining Council Members that were involved in the original "down zoning" of Stone Creek have been targeted for a Re-Call of their Council Positions. The other two members, Stephen Pape and Gary Jean, have already left the Council. If successful, the Re-Call effort would lead to an additional election to fill the vacated seats. The "replacement" election could occur simultaneously to the Re-Call Election thus saving the tax payers the expense of two elections. However, this savings can only occur solely at the discretion of the current Council Members. If the recall fails, the current Council leadership appears willing to continue all appeals as high as the Texas Supreme Court and to avoid any attempt at seeking another compromise to end the litigation.

Happy New Year/ New Millennium!

It is hard to believe that we are already beginning the next Millennium. Many of us thought we were there last year but according to number crunchers, we are just now where we thought we were a year ago.

This affords a very appropriate time to reflect on our lives and what is important to each of us. What are we going to do this year that will really make a difference next year, next decade, next century, or next millennium? The truth is that there is not much that we can do that would have long lasting affect world wide or even in our community, but things we do (and say) with our own family and friends could have eternal results.

Spend time with your children, and if applicable, grandchildren. If you don't have any of your own, there are plenty of kids out there that could use a positive adult role model. Spend time looking for ways to make a difference, a way to make the world a better place for someone to live. While doing this, take time to enjoy the sights and sounds of God's creation.

There was a scruffy old man that went around campus picking up trash at my old college. To some, he might have appeared to be a bum. But to those in the know, he was a retired professor that had spent his life serving others- first through teaching, second through counseling, third through Chairing a Department, fourth by encouraging investments, and finally through picking up the trash left by the students that he loved. His name graced one of the buildings on campus, but late in his life, he was not proud and he did not brag,- rather, he just picked up the trash. He was no bum, but rather, he was the biggest man on campus.

Who is the biggest person in your neighborhood?....in your family? Is it you? If you are not, you can become so starting today.

The next time you hear of someone in crisis, lend a kind word or a helping hand. Build up long lasting treasures for yourself and those you love by taking the extra step. When we hear of kind actions taken by others, we are inspired to be kind ourselves. So, affect the world. Affect the World- not through our intelligence, not through our power, not through our control, but by our love. Love, Stephen