Summary Judgment Obtained Applying Chapter 245, Texas Local Government Code

Greer, Herz & Adams, LLP obtained summary judgment from Judge Wayne Mallia, 405th District Court of Galveston County, on behalf of the firm’s client, MB Harbour, Ltd. MB Harbour, a local real estate developer, intervened in a lawsuit brought by several League City residents against the City of League City to protect its property interests relating to a portion of the former HL&P cooling canal. The plaintiffs sought to have a plat for the Cypress Bay development voided. The firm successfully argued that Chapter 245 of the Texas Local Government Code applies to bar application of League City Code of Ordinances Section 102-10 to the development. In particular, Chapter 245 of the Texas Local Government Code freezes the ordinances applicable to a project from the time that the first application for issuance of a “permit” in a series of permits is filed.

The GH&A team working on this matter included attorneys, Joe A.C. Fulcher, M. David Le Blanc, and Angie Olalde.