A lawsuit between Marble Falls-area plaintiffs and the Texas Commission on Environmental Quality and Asphalt Inc. (now doing business as Lone Star Paving) was put to rest May 23 once all involved parties signed off on a settlement agreement. The lawsuit, filed in 2017 over a proposed rock crushing plant, hit a dead end after landowners sold the property where the plant would be built.
“The sale of the property has mooted the primary basis of the lawsuit in as much as Lone Star will no longer be operating a rock crusher facility on the property,” the settlement agreement reads.
Asphalt Inc. was previously granted permits for the plant by the TCEQ. The city of Marble Falls, Gregg Ranch developers, and two private landowners filed a joint lawsuit in 2017, claiming the TCEQ and Lone Star were violating the Texas Clean Air Act.
The company previously planned to build the rock crushing facility on a leased, 500-acre property owned by 281 Creighton Ranch LLC. The property was sold to Thousand Oaks Group LLC on March 31 of this year.
The agreement states that all parties will hold others “without prejudice and … bear their own costs, expenses and attorney fees.”
Additionally, Lone Star must provide all parties with written documents proving termination of the previous lease agreement and cancellation of the TCEQ permit registration. Also, the company must provide a recorded copy of the deed proving the transfer of property.