Cherry Knoll land-taking suit dismissed
Group’s attorney says judge tossed claim on technicality; landowners plan to refile.
An estimated crowd of more than 7,000 plunged into the muck at the annual Muddy Miler Family Adventure on Saturday morning at Old Settlers Park. The free event brings families and couples out to get doused in mud while traversing numerous obstacles. The event was organized and operated by the Round Rock Parks and Recreation Department.
A lawsuit filed against the city of Lakeway by owners of approximately 27.7 acres of land abutting Flint Rock Road has been dismissed by a federal court. The claims filed against individual city staff and elected officials, current and former, also have been dismissed.
Cherry Knoll LLC filed a lawsuit in federal court in August, naming former Mayor Dave DeOme, former Zoning and Planning Commissioner Ron Massa, City Manager Steve Jones, former building and development services director Troy Anderson and HDR engineering as defendants. The lawsuit alleged a taking of property by the city, a violation of due process rights and equal protection and a violation of the Texas Open Meetings Act.
After a recommendation by a magistrate judge issued last month that the federal claims be dismissed, U.S. District Judge Lee Yeakel issued an order overruling the plaintiff ’s objections to the recommendation.
“The dismissal is without prejudice, meaning that the court did not rule on the merits of our claims,” said attorney Jim Schober, representing Cherry Knoll. “The court simply determined that our complaint didn’t properly articulate the federal claims, leaving the court without jurisdiction to hear the nonfederal claims.
“Although we respectfully disagree with the court’s ruling, we will be amending our complaint to address these perceived issues.
“We will also be adding several new claims based on recently discovered evidence,” Schober said. “Stay tuned.”