On January 27, 2017 a
Stipulation of Agreed Facts
was filed
involving a dispute between
New Point Estates Homeowners Association,
Deaton, Alfred L,
Briggs, Larry B,
Marshall, Rena,
Creekmont Community Association Inc,
and
Jackson, Maria In Her Offical Capacity As City Secretary Of City Of,
Marshall, Rena,
Elmer, Scott,
Spriggs, Otis (Director Of Development Services Of,
Owen, Allen,
The City Of Missouri City Texas,
Creekmont Community Association Inc,
for OTHER CIVIL
in the District Court of Harris County.
Preview
3/10/2017 4:09:15 PM
Chris Daniel - District Clerk Harris County
Envelope No. 15803190
By: MELISSA TORRES
Filed: 3/10/2017 4:09:15 PM
CAUSE NO. 2017-05988
CREEKMONT COMMUNITY § IN THE DISTRICT COURT OF
ASSOCIATION, INC., §
§
Plaintiffs, §
§
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V. §
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§
THE CITY OF MISSOURI CITY, TEXAS; § HARRIS COUNTY, TEXAS
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ALLEN OWEN, IN HIS OFFICIAL §
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CAPACITY AS MAYOR OF THE CITY OF §
MISSOURI CITY, TEXAS; MARIA §
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JACKSON, IN HER OFFICAL §
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CAPACITY AS CITY SECRETARY OF §
THE CITY OF MISSOURI CITY, TEXAS §
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§
§ 125th JUDICIAL DISTRICT
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Defendants.
STIPULATION OF AGREED FACTS Bu
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The parties stipulate to the following agreed facts pursuant to Tex. R. Civ. P. 263:
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1. On April 6, 1987, the City of Missouri City annexed the tract of land that is the
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subject of this lawsuit (hereinafter referred to as “the Ashton Woods Tract”). A true and correct
of
copy of the ordinance approving the annexation (Ordinance No. 0-87-7) is attached hereto as
Exhibit A.
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2. Upon annexation, the Ashton Woods Tract received a classification of SD
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Suburban District by operation of Mo. City Code, Zoning Ordinance, §10.
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3. The current owners of the Ashton Woods Tract bought the property in 1994. A true
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and correct copy of the Special Warranty Deed is attached hereto as Exhibit B.
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4. Between the date of annexation in 1987 and September 2016, the Ashton Woods
Tract retained the SD Suburban District classification.
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5. In August 2016, the owners of the Ashton Woods Tract filed an application to zone
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the tract as a PD Planned Development. A true and correct copy of the Application is attached
hereto as Exhibit C.
6. Adoption of an ordinance such as this requires two readings and votes on two
separate occasions.
7. More than 15 days prior to the date of the initial reading of the Ordinance and vote
on the proposed ordinance, the City of Missouri City provided notice of the hearing and a true and
correct copy is attached as Exhibit D (Bates #MOCTY-CRK 000394).
8. The owners of at least 20 percent of the area of the lots or land immediately
adjoining the Ashton Woods Tract and extending 200 feet from the tract timely filed written
objections to the proposed PD Planned Development classification for the Ashton Woods Tract.
A true and correct copy of the City’s “Protest Letters Analysis” is Exhibit E.
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9. An ordinance (“the Ordinance”) to adopt the PD Planned Development
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classification for the Ashton Woods Tract was presented to the Missouri City Council for an initial
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reading on September 6, 2016.
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10. Five members of the City Council voted in favor of adopting the Ordinance, while
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two members of the City Council voted against adopting the ordinance.
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11. More than 15 days prior to the date of a second reading of the ordinance and vote
on the proposed ordinance, the City of Missouri City provided notice of the hearing.
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12. Bu
The ordinance to adopt the PD Planned Development classification for the Ashton
Woods tract was presented to the Missouri City Council for a second reading on January 3, 2017.
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Five members of the City Council voted in favor of adopting the ordinance, while two members
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voted against adopting the ordinance.
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13. Following the January 3, 2017 meeting, Mayor Allen Owen signed the ordinance
as passed and the City Secretary enrolled it as City of Missouri City Ordinance No. 0-17-03, a true
of
and correct copy of which is attached as Exhibit F hereto.
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So stipulated.
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By: Creekmont Community Association, Inc. and
Rena Marshall,
__________________________
SMITH REED & ARMSTRONG, PLLC
Derrick A. Reed
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State Bar No.: 24053780
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Email: derrick@srapllc.com
Marrick Armstrong
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State Bar No.: 24057695
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Email: marrick@srapllc.com
1920 Country Place Pkwy, Suite 350
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Pearland, TX 77584
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Telephone: (281) 519-7606
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OF COUNSEL:
Charles Irvine
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Irvine & Conner PLLC
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State Bar No.: 24055716
Email: charles@irvineconner.com
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4709 Austin Street
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Houston, Texas 77004
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ATTORNEYS FOR PLAINTIFFS
,
of
By: The City of Missouri City
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__________________________
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William S. Helfand
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LEWIS BRISBOIS BISGAARD & SMITH LLP
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SBOT: 09388250
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Sean Higgins
SBOT: 24001220
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bill.helfand@lewisbrisbois.com
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sean.higgins@lewisbrisbois.com
24 Greenway Plaza, Suite 1400
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Houston, Texas 77046
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(713) 659-6767 Telephone
(713) 759-6830 Facsimile
ATTORNEYS FOR DEFENDANTS
3
By: Larry Briggs and Alfred Deaton III
__/s/ Val Perkins____________________
GARDERE WYNNE SEWELL LLP
Authur Val Perkins
State Bar No.: 15782600
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Philip Morgan
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State Bar No.: 24069008
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vperkins@gardere.com
pmorgan@gardere.com
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1000 Louisiana Street, Suite 2000
Houston, Texas 77002-5011
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Telephone: (713) 276-5008
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Facsimile: (713) 276-5555
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ATTORNEYS FOR INTERVENORS
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Bu
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CERTIFICATE OF SERVICE
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I hereby certify that on the 10th day of March, 2017, a true and correct copy of the
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foregoing was forwarded to the following attorneys of record by electronic mail:
of
Sean Higgins
e
William Helfand
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LEWIS BRISBOIS
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24 Greenway Plaza, Suite 1400
Houston, Texas 77046
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op
Authur Val Perkins
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Philip Morgan
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GARDERE WYNNE SEWELL LLP
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1000 Louisiana Street, Suite 2000
of
Houston, Texas 77002-5011
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By: /s/ Derrick Reed
Derrick A. Reed
4
Document Filed Date
March 10, 2017
Case Filing Date
January 27, 2017
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3/10/2017 4:09:15 PM Chris Daniel - District Clerk Harris County Envelope No. 15803190 By: MELISSA TORRES Filed: 3/10/2017 4:09:15 PM CAUSE NO. 2017-05988 CREEKMONT COMMUNITY § IN THE DISTRICT COURT OF ASSOCIATION, INC., § § Plaintiffs, § § k V. § ler § THE CITY OF MISSOURI CITY, TEXAS; § HARRIS COUNTY, TEXAS tC ALLEN OWEN, IN HIS OFFICIAL § ric CAPACITY AS MAYOR OF THE CITY OF § MISSOURI CITY, TEXAS; MARIA § ist JACKSON, IN HER OFFICAL § sD CAPACITY AS CITY SECRETARY OF § THE CITY OF MISSOURI CITY, TEXAS § es § § 125th JUDICIAL DISTRICT rg Defendants. STIPULATION OF AGREED FACTS Bu n ily The parties stipulate to the following agreed facts pursuant to Tex. R. Civ. P. 263: ar 1. On April 6, 1987, the City of Missouri City annexed the tract of land that is the M subject of this lawsuit (hereinafter referred to as “the Ashton Woods Tract”). A true and correct of copy of the ordinance approving the annexation (Ordinance No. 0-87-7) is attached hereto as Exhibit A. e ffic 2. Upon annexation, the Ashton Woods Tract received a classification of SD O Suburban District by operation of Mo. City Code, Zoning Ordinance, §10. y 3. The current owners of the Ashton Woods Tract bought the property in 1994. A true op and correct copy of the Special Warranty Deed is attached hereto as Exhibit B. C ial 4. Between the date of annexation in 1987 and September 2016, the Ashton Woods Tract retained the SD Suburban District classification. fic of 5. In August 2016, the owners of the Ashton Woods Tract filed an application to zone Un the tract as a PD Planned Development. A true and correct copy of the Application is attached hereto as Exhibit C. 6. Adoption of an ordinance such as this requires two readings and votes on two separate occasions. 7. More than 15 days prior to the date of the initial reading of the Ordinance and vote on the proposed ordinance, the City of Missouri City provided notice of the hearing and a true and correct copy is attached as Exhibit D (Bates #MOCTY-CRK 000394). 8. The owners of at least 20 percent of the area of the lots or land immediately adjoining the Ashton Woods Tract and extending 200 feet from the tract timely filed written objections to the proposed PD Planned Development classification for the Ashton Woods Tract. A true and correct copy of the City’s “Protest Letters Analysis” is Exhibit E. k ler 9. An ordinance (“the Ordinance”) to adopt the PD Planned Development tC classification for the Ashton Woods Tract was presented to the Missouri City Council for an initial ric reading on September 6, 2016. ist 10. Five members of the City Council voted in favor of adopting the Ordinance, while sD two members of the City Council voted against adopting the ordinance. es 11. More than 15 days prior to the date of a second reading of the ordinance and vote on the proposed ordinance, the City of Missouri City provided notice of the hearing. rg 12. Bu The ordinance to adopt the PD Planned Development classification for the Ashton Woods tract was presented to the Missouri City Council for a second reading on January 3, 2017. n Five members of the City Council voted in favor of adopting the ordinance, while two members ily voted against adopting the ordinance. ar M 13. Following the January 3, 2017 meeting, Mayor Allen Owen signed the ordinance as passed and the City Secretary enrolled it as City of Missouri City Ordinance No. 0-17-03, a true of and correct copy of which is attached as Exhibit F hereto. e ffic So stipulated. yO op C ial fic of Un 2 By: Creekmont Community Association, Inc. and Rena Marshall, __________________________ SMITH REED & ARMSTRONG, PLLC Derrick A. Reed k State Bar No.: 24053780 ler Email: derrick@srapllc.com Marrick Armstrong tC State Bar No.: 24057695 ric Email: marrick@srapllc.com 1920 Country Place Pkwy, Suite 350 ist Pearland, TX 77584 sD Telephone: (281) 519-7606 es OF COUNSEL: Charles Irvine rg Irvine & Conner PLLC Bu State Bar No.: 24055716 Email: charles@irvineconner.com n 4709 Austin Street ily Houston, Texas 77004 ar M ATTORNEYS FOR PLAINTIFFS , of By: The City of Missouri City e ffic __________________________ O William S. Helfand y LEWIS BRISBOIS BISGAARD & SMITH LLP op SBOT: 09388250 C Sean Higgins SBOT: 24001220 ial bill.helfand@lewisbrisbois.com fic sean.higgins@lewisbrisbois.com 24 Greenway Plaza, Suite 1400 of Houston, Texas 77046 Un (713) 659-6767 Telephone (713) 759-6830 Facsimile ATTORNEYS FOR DEFENDANTS 3 By: Larry Briggs and Alfred Deaton III __/s/ Val Perkins____________________ GARDERE WYNNE SEWELL LLP Authur Val Perkins State Bar No.: 15782600 k Philip Morgan ler State Bar No.: 24069008 tC vperkins@gardere.com pmorgan@gardere.com ric 1000 Louisiana Street, Suite 2000 Houston, Texas 77002-5011 ist Telephone: (713) 276-5008 sD Facsimile: (713) 276-5555 es ATTORNEYS FOR INTERVENORS rg Bu n ily CERTIFICATE OF SERVICE ar I hereby certify that on the 10th day of March, 2017, a true and correct copy of the M foregoing was forwarded to the following attorneys of record by electronic mail: of Sean Higgins e William Helfand ffic LEWIS BRISBOIS O 24 Greenway Plaza, Suite 1400 Houston, Texas 77046 y op Authur Val Perkins C Philip Morgan ial GARDERE WYNNE SEWELL LLP fic 1000 Louisiana Street, Suite 2000 of Houston, Texas 77002-5011 Un By: /s/ Derrick Reed Derrick A. Reed 4