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Texan Able to Develop Land After 10 Years of Litigation03-23-06 | News
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Texan Able to Develop Land After 10 Years of Litigation

After a tough 10-year legal battle, a Texas developer has secured the right to develop most of his property as he had originally planned. Gary Sheffield, a Fort Worth and Dallas developer, recently reached a settlement agreement with the City of Glenn Heights, which had sought to stop or significantly alter his plans to build a large master planned community there, about 20 miles south of downtown Dallas.

?EUR??,,????'??This was not easy, and litigation is not for the faint of heart,?EUR??,,????'?? Sheffield said. ?EUR??,,????'??I hope other builders and developers will learn from my experience just how important it is for an individual member to have a wide range of support during complex and time-consuming litigation.?EUR??,,????'??

Glenn Heights initially attempted to forestall Sheffield?EUR??,,????'???s plan to build the community by imposing a moratorium on any development on his property. The city never gave Sheffield notice of the moratorium, and it did not have to under then-existing Texas law. The city then down zoned the property, reducing the number of units that could be developed on it by 50 percent, and Sheffield challenged this as a regulatory taking.

The city put the moratorium in place so that it could down zone the property, despite assuring Sheffield before he purchased the property on its acceptable use based on existing zoning.

Financial support was provided by NAHB, the Texas Association of Builders, Greater Fort Worth Builders Association and the Home Builders Association of Greater Dallas, and NAHB filed an amicus brief in the litigation. ?EUR??,,????'??? courtesy of Blake Smith at NAHB

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