Judge rules on land dispute

One contentious le - gal case related to land development near Lake Buchanan recently took a negative turn against the land owner. The dispute began about six years ago, soon after Burnet County res- ident Todd Heath pur - chased property near the lake within the Donall Estates subdivision, near 1000 CR 140.

Heath intended to build on his land one cabin, that is to say, one single-family residence, on land he con - tends is one whole lot. However, the Donall Estates Property Owners Association (POA) took exception to the Heath plan, claiming the size of the property he purchased is not big enough for one cabin. Instead, it is "half of one lot." Indeed, the Donall Es - tates POA denied Heath a permit to build the cabin. Then, Heath sued the POA after it denied his request for a permit.

During a hearing last Aug. 18 in Burnet at the County Courthouse North Annex, the 424th Judicial District Judge Evan Stubbs heard attorneys argue for Heath and the POA.

After the hearing ended, Stubbs ordered both attorneys to offer “a more thorough analysis of the law” to bolster their arguments, particularly as they are related to the Texas Property Code, Chapter 211, which focuses on “amendment and enforcement of restrictions in certain subdivisions.”

Instead, last April 18, Heath filed accusations against the POA, alleging the POA is an “invalid” wishes no ill will toward Mr. Heath, even though his allegations against Donall Estates have cost (the Estates) more than $100,000 over the years, Kilpatrick said.

organization which can be faulted for “fraud” and “fraudulent concealment and misrepresentations” during the dispute.

POA Attorney Peter Kilpatrick denied the Heath charges.

Without lengthy explanations, Judge Stubbs dismissed the charges June 27.

“There were some serious allegations,” Kilpatrick told The Highlander July 2. “Heath challenged the very core of the (Donall Estates) neighborhoods. Judge Stubbs has returned sanity to the case. He has ruled the kind of claims by Mister Heath had no merit as a matter of law, and he tossed those claims out.”

To be sure, also during his dismissal order June 27, Stubbs stipulated whether Heath retains the right to build a cabin on his property is a claim still pending.

“The Association Also, Donall POA President Bill Witt praised Stubbs.

“It is a massive victory not only for Donall Estates but also for every POA in Texas, Witt told The Highlander. “Now it’s time to set a court date, to address the only remaining allegation, whether Heath can build on a half-lot.”

Too, the Lake Buchanan Communities Alliance supports the POA and applauded the recent Stubbs ruling.

Attorneys for Heath could not be reached by press time on July 2.