Land-dispute suit targeting commissioners now in fed court
“We’re going to go through it all again,” County Attorney Eddie Arredondo said.
The news about the legal action at the Tuesday commissioners court meeting was just one of a handful of updates about court cases involving the county.
In the matter of the land dispute, Burnet County Commissioners Court this week told Austin attorney Bob Bass to continue representing the county and “to take the best steps to serve the best interests of the county.”
In the suit, George Pangborn claims county officials violated his property rights nearly two years ago and asks for compensation to cover lost finances.
Named as defendants are County Judge Donna Klaeger and commissioners Russell Graeter, Ronny Hibler and Bill Neve; former County Judge David Kithil; and former Commissioner James Oakley.
The suit was actually filed Feb. 27 in U.S. District Court for the Western District of Texas Austin Division.
“The suit has already been litigated once before in state court,” Arredondo said. “We were under the impression the whole issue had been settled permanently.”
Previously, the 33rd state District Court heard the Pangborn complaint and awarded no damages to the developer, Arredondo said.
The federal suit presents requests from the developer “very similar” to what the state court already denied, Arredondo said, adding the new suit does not claim the state court erred in its findings.
The case dates back nine years, when Pangborn purchased 197 acres in Burnet County. In 2001, Pangborn announced he would designate 77 of the 197 acres as “state law exempt homestead property,” which would effectively separate the land from county subdivision regulations. Also, Pangborn indicated he intended to divide 120 of 197 acres into four 30-acre lots.
According to the federal suit, state law allows the exemption and does not require a plat from the county, because the land would be divided into two or more parts and all of the lots would be more than 10 acres.
However, Graeter, Hibler, Kithil and Oakley passed a resolution Nov. 13, 2006, which said the Pangborn subdivision is “not in compliance” with county subdivision regulations. The county voted 5-0 to deny Pangborn building and wastewater permits for the land until he complies with county regulations, records reflect.
According to the federal suit, since the county approved the resolution, the developer “has lost, and continues to lose, sales of his four 30-acre lots.”
Lawyers for Pangborn maintain the county resolution is a “bill of attainder, a legislative act which declares a person guilty of a violation of law without trial.”
Both U.S. and state constitutions prohibit such legal maneuvers, Pangborn’s lawyers have said. They argue the resolution takes “private property without compensation and due process” in violation of the Fifth and 14th amendments of the U.S. Constitution.
Pangborn is asking the federal court to declare the resolution illegal and says he is entitled to damages for lost income.
Trial is tentatively scheduled for March.
Also during the meeting, Klaeger said a lawsuit filed by state prisoner Joe Melvin Cehand against Sheriff Joe Pollock and other law enforcement officials has been dismissed.
Cehand sought and was denied compensatory damages of $5 million while serving time at the W.P. Clement Unit in Amarillo.
Also, a week before the Tuesday meeting, a lawsuit filed by Precinct 2 Justice of the Peace James McElroy and Phil Peeples against Klaeger, the commissioners and Precinct 3 Justice of the Peace Peggy Simon was dropped by the plaintiffs.
The suit had argued Simon was holding court outside her jurisdiction, but the county moved her to a new office later inside Precinct 3.
raymond@thepicayune.com