5-3-2002
Environmental –
Builders win what could be landmark decision in Texas

Builders in Texas recently won what could turn out to be a precedent-setting decision on infrastructure costs in a suit over growth and transportation issues.

The Court of Appeals in Ft. Worth ruled that cities in the state cannot compel developers to pay the entire costs of roads adjacent to their developments. They only have to pay for the amount of infrastructure affected by their projects.

Judge Sue Walker ordered the town of Flower Mound to reimburse the developer of Stafford Estates $484,000 for the cost of building a concrete road next to the property. Stafford Estates submitted studies showing that the subdivision contributed to only 12 percent of traffic on the road.

The case could have significance for infrastructure battles in other states. Flower Mound lawyers said the ruling will force taxpayers to pay for infrastructure improvements necessitated by new development, and they plan to appeal.