SOS, Endeavor, City of Austin face off in court

In a lawsuit over regulations related to the development of the Statesman PUD, the plaintiff Save Our Springs Alliance, the defendant City of Austin, and the intervener property owner all asked Travis County District Judge Jan Soifer to rule in their favor on Thursday. After nearly 3 hours of arguments, the judge told the lawyers she would take the matter under advisement and let them know her decision.

The suit, over plans to develop 18.86 acres of land on the south shore of Lady Bird Lake focused on whether City Council violated the Texas Open Meetings Act and the City Charter when they approved Endeavor Real Estate group’s plans for the site in late 2022. The property was the home of the Austin American-Statesman for many years.

Among other things, SOS, argued that the city violated TOMA by failing to notify the public about the plan to relocate part of the Ann and Roy Butler Hike and Bike Trail inland, away from the lake. SOS argued the city should have identified this change and given the public the right to speak about it separately. In addition, SOS, said the Council’s giving the public just one minute to speak on each item– including the relocation of the trail– did not satisfy the requirements of the Open Meetings Act.

Dan Richards and Sarah Clark argued on behalf of the city. Casey Dobson spoke on behalf of the intervenors, the Cox family and Endeavor Real Estate. Each lawyer, said the city had fulfilled all the requirements of the Texas Open Meetings Act, and that the judge should grant the city’s request for summary judgment in their favor.

Bobby Levinski and Bill Bunch, attorneys for SOS, said the city had violated the Open Meetings Act and failed to enumerate major changes approval of the Statesman PUD would entail. They also asked for a summary judgment in their favor.