CITIZEN INITIATIVE: County Windmill initiative properly found invalid… Wittman affirmed. [Read more…]
Sewer odor, supervisory control denied
SEWER ODOR: Supervisory control of McElyea’s denial of summary judgment on negligence and nuisance denied… Order. [Read more…]
Public road, 1915 curative statute properly applied
PUBLIC ROAD: 1915 curative statute properly applied to find that County abandoned road in 1916… Ruiz affirmed. [Read more…]
Water, WCA/UDJA attorney fees
WATER: Attorney fees properly denied under Water Use Act, improperly denied under UDJA for lack of tangible object to be possessed… McMahon affirmed, reversed. [Read more…]
Rehearing denied in subdivision access case
REHEARING denied in subdivision access case as to abandonment of part of county road… Order. [Read more…]
Subdivision roads, access to neighboring subdivision
SUBDIVISION ROADS: Public access easements properly held not to include primary access to neighboring subdivision… Eddy affirmed. [Read more…]
Water, service area/rights to Jefferson River
WATER: Service area and rights to Jefferson River water correctly decreed… Stephen Brown affirmed. [Read more…]
Costs, subdivision variance summary judgment
COSTS: Bill of costs in subdivision variance summary judgment properly found timely, did not include unallowable costs… Allison affirmed (memorandum). [Read more…]
Preliminary injunction, road access dispute
PRELIMINARY INJUNCTION properly issued in road access dispute based on prima facie case that road was unabandoned county road… Gilbert affirmed. [Read more…]
Special Use Permit, Board of Adjustment appeal
SPECIAL USE PERMIT: 2015 statute granted Commissioners discretion in reviewing BOA determination but abuse of discretion standard of review applies… Commissioners abused discretion by re-weighing the evidence and modifying, reversing, or remanding BOA’s conditions… Manley. [Read more…]