Res 2002-223 - Laserfiche WebLink

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Jeri Rutledge, Trustee of the Jeri Lynn Rutledge Trust; and V & H Robinson Ranches, Ltd., filed non-suit in this cause on July 26, 2002. Former Plaintiffs John Eastwood, Kenneth Eastwood, David Eastwood, and John B. Eastwood and David C. Eastwood, as Co-Trustees for Norma Jean Martin, filed non-suit in this cause on or October 14,2002. 3. The City of San Marcos, Texas is a home rule municipal corporation organized under the laws of the State of Texas. 4. On March 6, 2000, the City adopted an ordinance establishing new standards for regulating development over the Edwards Aquifer ("2000 Aquifer Ordinance"). The 2000 Aquifer Ordinance applied to the majority of the Property. 2. On or about August 25,2000 Landowners filed suit against the City, styled Andrew Gary et aZ v. City of San Marcos, Cause No. 2000-1060, in the 274th Judicial District, Hays County, Texas, alleging that the City should have prepared a "takings impact assessment" prior to adoption of the regulations pursuant to Tex. Gov't. Code S 2007.044 of the Private Real Property Rights Preservation Act, Tex. Gov't. Code SS 2007.001-2007.045. The petition sought invalidation of the 2000 Aquifer Ordinance and attorneys' fees. The City answered, alleging that the 2000 Aquifer Ordinance fit within multiple exceptions to the statute. Preliminary discovery was undertaken, and the action currently is pending in the District Court. 6. On or about October 8, 2001 the City amended and replaced the 2000 Aquifer Ordinance with new regulations governing development over the Edwards Aquifer ("2001 Aquifer Ordinance"). 7. The City denies any and all allegations asserted by Landowners against it and the Landowners deny any and all allegations asserted by the City against them. COMPROMISE SETTLEMENT AGREEMENT Andrew Garv. et at v. The Citv of San Marcos - Page 2