LITIGATION UPDATE

Guadalupe Valley Lakes Litigation Update
June 6, 2022

The Texas Supreme Court has denied the plaintiffs’ petition for review in the Williams v. GBRA case, affirming the decision rendered by the Fourth Court of Appeals.  This will make the dismissal of all claims against GBRA final and immediate.

In July 2021, the Fourth Court of Appeals affirmed the decision by the 25th Judicial District Court, Guadalupe County, to grant GBRA’s plea to the jurisdiction as to the majority of the claims. The Court of Appeals also expanded the ruling in GBRA’s favor, finding the appellants also lacked standing for their two takings claims. After hearing arguments in the case on June 17, 2021, the Court of Appeals reversed the District Court’s decision on the takings claims, finding that the appellants could not demonstrate a particularized injury that was distinct from the community at large, absent ownership of a property right in the hydro dams, the lands underneath the lakes, or the water itself.

“We appreciate the Supreme Court moving us closer to achieving resolution with its decisive action,” said GBRA General Manager and CEO Kevin Patteson. “Cooperation and collaboration has proven to be the path forward: the formation and voter confirmation of Water Control and Improvement Districts (WCIDs) for Lake Dunlap, Lake McQueeney, and Lake Placid has made the long-term sustainability of those lakes possible. We look forward to working in continued partnership with them.”

The case will return to the 25th District Court to resolve the remaining items, including the dissolution of the temporary injunction and the determination of the award of attorneys’ fees and costs to GBRA. A date for this hearing has yet to be determined.

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