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Town appeals lawsuit to Texas Supreme Court
By Chris Roark, Croark@starlocalnews.com
The Texas Supreme Court will decide how much further the lawsuit between the town of Flower Mound and Rembert Enterprises will go.
On April 12, the town appealed a ruling from the 2nd Court of Appeals in Fort Worth in which the judge ruled that the 367th District Court of Denton County has jurisdiction to hear the case. The Texas Supreme Court will decide if there is jurisdiction, and if so, the case will be sent back to the district court to hear the merits of the case.
Developer Reginald Rembert sued the town on May 25, 2010, claiming that the town owed him money for his part in constructing Auburn Drive, located within the Casa De Rembert development, now known as Flower Mound Woods.
On Nov. 2, 2010, the Denton County District Court ruled it has jurisdiction to hear the case. Flower Mound appealed the ruling to the 2nd Court of Appeals in Fort Worth, and on Dec. 8, 2011, Judge Anne Gardner dismissed the town’s claim that the district court does not have jurisdiction to hear the case.
Gardner also dismissed declaratory judgment claims and related claims for attorney’s fees against the town, as well as claims made against Town Manager Harlan Jefferson and Chief Executive Officer/Assistant Town Manager Chuck Springer for illegal conduct.
After Flower Mound appealed again Jan. 10, 2012, the judge upheld Gardner’s ruling on the jurisdiction on March 1.
Among the components of the lawsuit is the claim by Rembert that he should have been reimbursed 100 percent of the cost for constructing the road. Town officials said the ordinance that was agreed upon states that the town would reimburse a developer in this type of situation 50 percent of the construction of the road.
The town and Rembert also have conflicting views on access points within the development.
Rembert said he is frustrated because all the legal action thus far has dealt with jurisdiction.
“We are spending an outrageous amount of money in court costs and attorney fees for something that appears to be very simple,” Rembert said. “The town agreed, per contract and their ordinance, to refund me up to the balance of the required cost for the road improvement from the road impact fees collected for the same service area. Nowhere have I consented or agreed to a 50 percent reduction in cost. It appears the town has grossly misinterpreted their own ordinance and as a result is continuing to spend taypayers’ dollars for this lawsuit.”
Flower Mound town attorney Terry Welch said the town’s appeal attempts are simply a way of trimming down the claims that the court may not even be able to hear.
“We don’t think that there is jurisdiction on a good number of these claims,” Welch said. “So there’s no point in litigating if there is no jurisdiction. It’s a procedure under state law. A court can throw out a case on jurisdiction grounds.”
According to town officials, the amount of legal fees the town has paid in this case since it began in 2010 is $99,672. Rembert said he has spent $39,037 in legal fees.
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