Judge rules in favor of Donall Estates on one part of lot owner suit
Donall Estates on Burnet County Road 104 on Lake Buchanan was established in 1979. Property owner Todd Heath sued the subdivision in 2020, claiming it was not legally established and therefore could not enforce its regulations. A district judge disagreed in a ruling made public on July 1, 2024. Photo courtesy of Donall Estates
The Donall Estates POA received a favorable judgment on June 27 in a civil lawsuit brought against it by a lot owner. Judge Evan Stubbs of the 33rd District Court in Burnet granted a “take nothing” summary in the case of Todd Heath v. Donall Estates Property Owners Association Inc.
A decision on one final claim in the lawsuit, that Heath was wrongfully kept from building on a partial lot in the subdivision, is still pending.
“Take nothing” means exactly what it says: Plaintiffs do not get what they asked for, which in this case was a judgment that the Donall POA was not a legal entity and its regulations could not be enforced. Donall Estates, established in 1979, is located on Burnet County Road 104 on Lake Buchanan.
The judge ruled that the POA is a legal entity and its restrictions are valid. Also, Heath has not been encumbered by property association restrictions.
“This is a major ruling on our behalf,” POA President Bill Witt told DailyTrib.com. “The judge said we are legitimate, we do have deed covenants, and we have not committed any fraud or negligence. This is a massive victory, not only for Donall Estates but also for every POA in Texas.”
Heath filed the suit in March 2020 when his request to build a house on a half-lot he purchased two years earlier was denied. His attorney, Scott Cooley, said he could not respond to questions from DailyTrib.com because he has not had a chance to speak to his client since the ruling was posted on Monday, July 1.