Comments on: Austin Lake Hills property spurs battle http://westlakepicayune.com/2009/11/18/austin-lake-hills-property-spurs-battle/ Westlake Picayune is a publication of Austin Community Newspapers Mon, 21 May 2012 15:20:49 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: TOM JONES http://westlakepicayune.com/2009/11/18/austin-lake-hills-property-spurs-battle/comment-page-1/#comment-161885 TOM JONES Tue, 08 Feb 2011 01:45:42 +0000 http://westlakepicayune.com/2009/11/18/austin-lake-hills-property-spurs-battle/#comment-161885 Ms. Ranger notes the "rules we accepted 16 years ago" in her tirade, but fails to include that the City decided to unilaterally and illegally change those rules in 2001, six years after we began building in ALH2. The City's sudden reversal from its traditional (since 1961) recognition of ALH2 as a legal subdivision, and its bad-faith requirement that we relinquish private property and build unrequired public improvements without compensation is an illegal 'regulatory exaction' for which a property owner is owed compensation by the City. (See Town of Flower Mound v. Stafford Estates, Supreme Court of Texas, 135 SW3d 620). The rules of development are clearly established in Local Government Code 245, the state law which prohibits cities from changing development rules during a project. Simply put, the City cannot arbitrarily and capriciously retrofit a half-century old subdivision to embody its newer development rules when there is no practical way to to achieve them. We think we know the "Westlake Ranger," who aptly hides behind her mask of anonimity; she was legally sanctioned for her last subterfuge and paid a hefty penalty. We challenge her to come out from the shadows and let us speak frankly about truth and justice, and about how currupt governments treat their citizens. It seems to be a perennially timely topic. We long ago decided we would take a stance against tyrrany and for the 'due process of law.' This country was founded on the self-evident truths of life, liberty, and the pursuit of happiness. Our Consitution guarantees us certain rights, which we allege the City denied us. I'm a multi-generation born and raised Texan, and Texans feel strongly about property rights, as should we all. So pin upon us any of your spiteful labels, but also reflect upon the words of statesman Edmund Burke, who said, " All that's necessary for the forces of evil to win in the world is for enough good men to do nothing." We've taken our stand. Where do you take yours? Ms. Ranger notes the “rules we accepted 16 years ago” in her tirade, but fails to include that the City decided to unilaterally and illegally change those rules in 2001, six years after we began building in ALH2. The City’s sudden reversal from its traditional (since 1961) recognition of ALH2 as a legal subdivision, and its bad-faith requirement that we relinquish private property and build unrequired public improvements without compensation is an illegal ‘regulatory exaction’ for which a property owner is owed compensation by the City. (See Town of Flower Mound v. Stafford Estates, Supreme Court of Texas, 135 SW3d 620). The rules of development are clearly established in Local Government Code 245, the state law which prohibits cities from changing development rules during a project. Simply put, the City cannot arbitrarily and capriciously retrofit a half-century old subdivision to embody its newer development rules when there is no practical way to to achieve them.

We think we know the “Westlake Ranger,” who aptly hides behind her mask of anonimity; she was legally sanctioned for her last subterfuge and paid a hefty penalty. We challenge her to come out from the shadows and let us speak frankly about truth and justice, and about how currupt governments treat their citizens. It seems to be a perennially timely topic.

We long ago decided we would take a stance against tyrrany and for the ‘due process of law.’ This country was founded on the self-evident truths of life, liberty, and the pursuit of happiness. Our Consitution guarantees us certain rights, which we allege the City denied us. I’m a multi-generation born and raised Texan, and Texans feel strongly about property rights, as should we all.

So pin upon us any of your spiteful labels, but also reflect upon the words of statesman Edmund Burke, who said, ” All that’s necessary for the forces of evil to win in the world is for enough good men to do nothing.”

We’ve taken our stand. Where do you take yours?

]]> By: westlake ranger http://westlakepicayune.com/2009/11/18/austin-lake-hills-property-spurs-battle/comment-page-1/#comment-10139 westlake ranger Fri, 20 Nov 2009 17:07:53 +0000 http://westlakepicayune.com/2009/11/18/austin-lake-hills-property-spurs-battle/#comment-10139 let's try again; Mr. Jones wants to have it both ways; he acquiesced to the City's requirement that he build storm water retention ponds many years ago, and was content to sell his cookie-cutter homes on lots that he bought at basement prices from an aged Miami couple, insuring himself better than average returns and profits from his construction activities. When the retention pond that he built failed several years ago, he began to complain that he was being "targeted" and this spitting argument with the City escalated. Mr. Jones ought to grow up and take his medicine like a man and comply with the rules he specifically accepted when he began building in this area 15 years ago. Now, all of a sudden, he thinks the rules don't apply to him. How narcissistically childish and counterproductive. This is just the latest in a series of run-ins that Mr. Jones has had with authorities. let’s try again; Mr. Jones wants to have it both ways; he acquiesced to the City’s requirement that he build storm water retention ponds many years ago, and was content to sell his cookie-cutter homes on lots that he bought at basement prices from an aged Miami couple, insuring himself better than average returns and profits from his construction activities. When the retention pond that he built failed several years ago, he began to complain that he was being “targeted” and this spitting argument with the City escalated. Mr. Jones ought to grow up and take his medicine like a man and comply with the rules he specifically accepted when he began building in this area 15 years ago. Now, all of a sudden, he thinks the rules don’t apply to him. How narcissistically childish and counterproductive. This is just the latest in a series of run-ins that Mr. Jones has had with authorities.

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