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Press Release - Ruling of Third Court of Appeals regarding Pine Forest Unit 6

Joint Press Release
June 22, 2018
Pine Forest Unit 6

We are very pleased at the Third Court of Appeals ruling in the Unit 6 matter. The appellate court upheld every decision of the district judge on the facts concerning the void real estate contract, all the invalid actions taken by the developer and his buddies regarding the Pine Forest Property Owners Association and all of our claims regarding voting rights and make-up of the PFPOA board of directors. We win on every one of these points.

The Court of Appeals did send the case back to district court regarding one point - whether the city of Bastrop may have violated the Texas Open Meetings Act back in 2015. However, they affirmed that the outcome of that issue does not affect their final ruling on the facts and merits of the case. That means that whether district court, after holding a hearing, concludes that the city violated the TOMA or not, the Court of Appeals conclusion is that the district court’s decision on the Pine Forest case stands and is final.

That means that the City of Bastrop and Bastrop County have final judgement in our favor affirmed, regardless of the TOMA hearing outcome. Again, all of the Pine Forest Unit 6 issues are resolved in our favor, which will not change regardless of the TOMA issue.

We have already received notice from the developer that they intend to appeal the Third Court of Appeals ruling on the Pine Forest case to the Texas Supreme Court. What a waste of time and money. But if they insist on pushing this matter to the TSC, we will be right there, fighting for the citizens and taxpayers of Bastrop and Bastrop County. Perhaps they will think better of their threat to appeal. Or perhaps the Supreme Court will not accept their appeal. They don’t have to. It’s time to stop the developer’s non-sense, accept the Court’s decisions in this matter and move on. Can someone get that message through to them? We hope so.

Meanwhile, we are delighted at the ruling of the Court of Appeals and look forward to the challenge of seeing that Pine Forest Unit 6 is developed to its highest and best potential.

Judge Paul Pape, Bastrop County

Lynda Humble, City Manager, City of Bastrop

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