Posted on 07/13/2005 6:35:14 AM PDT by Racehorse
If necessary, lawyers are prepared to battle at the state's highest court over whether a 7,000-square-foot fitness center can be built on newly annexed land off of Farm Road 471 in Castroville.
"The city has committed to defend this case all the way up to the Supreme Court," said Ryan Henry, an attorney for the city. "If that's where they want to go, that's fine with me."
On June 22, a district judge ruled against plaintiffs Olan Karm and Marc Payne, saying their plat application for the fitness center was not enough to qualify them for vested rights and that they couldn't be deannexed. Attorney Rob Killen, who is representing both Karm and Payne, said they will appeal the decision.
[. . .]
Negotiations began in November 2003 for the purchase of five acres of Karm's property just outside the Castroville city limits. Payne wanted to purchase the land for a fitness facility. Shortly afterward, Karm submitted a plat application for the project. Karm requested voluntary annexation into the city in January 2004 as a way to obtain utilities for the health club.
Once utilities were extended to the property, Karm found out all newly annexed property is automatically zoned residential and that owners must request a zoning change before the land use can be changed. Karm attempted to withdraw his application, but the city denied the request and annexed the property. City Council then voted against rezoning the land.
"The council felt that they were taking a proper action by denying the rezoning for commercial in this area," said City Administrator Jack Yates. "The intention of that area is not to become a commercial area. It has residential (properties) on the two sides of the property that are adjacent to the city now."
(Excerpt) Read more at mysanantonio.com ...
Have a nice trip to the appellate courts.
You hit the nail square on the head.
Seems like something one ought to know beforehand. Did this guy have a lawyer or was he handling this himself?
Castroville is an old Alsatian town that has remained quaint and friendly while other towns have lost their flavor. This project, if successful, will result in a loss of identity for this little village and the introduction of Walmart and Home Depot.
"This project, if successful, will result in a loss of identity for this little village and the introduction of Walmart and Home Depot.
That's the same kind of thinking that has led Australia to deny some Aboriginal villages entry into the modern era with laws that protect their "lifestyle" instead of protecting the people themselves. They could live longer healthier lives like the rest of Australia if they could only have running water, electricity, and free trade. If Walmart and Home Depot are so bad why are they so successful? If I was this guy I would buy another piece of land adjacent to the town and put in a large Adult bookstore with a huge flashing neon sign or at least threaten to in order to get the healthclub project back on line.
A healthclub in a resendential neighborhood. Oh my... the horror!
I like your negotiation style.
Sounds to me like a simple case of bad Karm(a)...
You've obviously never had the opportunity or the desire to preserve something uniquely decent.
If I was this guy I would buy another piece of land adjacent to the town and put in a large Adult bookstore with a huge flashing neon sign or at least threaten to in order to get the healthclub project back on line.
You've obviously never visited the Medina Valley. Farmers aren't the only folk out there. A cowboy or two might not be so pleased with your enterprise.
Besides, unless this guy wins on appeal, the only thing he'll be building is a little cottage. The town took care of his threats already.
Take some time to visit when you get the chance. Try the Alsation sausage at Sammy's. Nothing like it. Show up for breakfast and the old timers will politely tell you a thing or two about their town. You'll enjoy the visit.
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