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postheadericon Planet K wins restraining order against City?

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A Press Release received today from Planet K talks about a temporary restraining order granted against the City of Bee Cave alleging interference with their business and their employees.

"Planet K wins another District Court battle. Judge orders City of Bee Cave to “refrain from interfering” with Planet K.

Once again, Planet K has won another battle in District Court against the City of Bee Cave.  Travis County Judge Lora Livingston ordered the City of Bee Cave to “refrain from interfering” with Planet K’s business, granting a temporary restraining order against the city until the issue can be heard in court on February 29 when a temporary injunction will be sought.

Since beginning temporary vending in December 2011 on the Trading Post porch, Planet K and their employees have been continually harrassed by City Officials.This harrassment has included over 15 tickets given to Planet K employees, some employees receiving multiple tickets on different days. The restraining order prevents the City from continuing this harrassment.

Planet K looks forward to a positive resolution of our disputes with the City of Bee Cave (including the building permit that was requested in March 2011 and now has taken over 6 different applications to still not receive)."

Council member and attorney Bob Dorsett's blog stated on the same day:

"AUSPRO ENTERPRISES L.P. vs. CITY OF BEE CAVE

On February 15th, Judge Lora Livingston issued an order that preserves the status quo pending a full hearing on the matter on February 29th. The City of Bee Cave applauds the seriousness with which the court addressed this matter, and joins the court in its desire to have a clear view of the law and facts of the case. The City of Bee Cave looks forward to its opportunity to present its side of the story, with testimony from citizens of the City of Bee Cave. The City is confident that once all facts are presented to the court, justice will prevail. Due to the pending litigation that is currently ongoing, the City has no further comment."

Comments (16)
  • Bordering  - Good
    The City of Bee Cave should be ashamed but they won't. The Nanny State is out of control. Stay out of my home as well Nanny Staters!
  • chichitao  - Good
    We live in a free market society and this is a victory against the Nanny State. Let them open their business and if no one buys from them then they will shut down. That simple. I have no plans to go to the store or buy anything there, but I support a free society where people can open a business if they choose.

    Commence the Nannies giving me and "bordering - good" the thumbs down.
  • Bordering  - Good
    I wear the thumbs down as a badge of honor. I'm glad I only "border" The Gestapo like City of Bee Cave and not live in the control freak Capitol. Keep worrying about everyone but yourselves Nanny Staters. A free society allows you to do so.
  • George  - Nanny Staters? Get a life
    Planet K Dopers, it's not the "government" that does not want you in Bee Cave, it's the tax paying citizens who vote for their representatives in the city council. Get a life and move on to a better doper & perverted demographic in Austin.
  • Sharon X  - Hey George.. Nanny Staters...
    Last I looked, 'tax paying citizen's' who vote for representatives ARE the "government". Doper & perverted? Hmmn... Now that's an idea! Can we get an X-rated bookstore too?
  • Michelle  - Not good
    First, I love anonymous comments. Second, planet k has repeatedly done things without permits or going through the proper channels. They do things and ask for forgiveness afterwards. Originally, they started construction without a permit. They put up dark paper in the windows so you couldnt see what they were doing. A citizen called to ask what was going in there and that is how the city discovered they were working without permits. Why would one put black paper in the windows unless you are trying to hide something. They put up a mural without approval on the signage and then they opened up on the front porch without a vendor permit that is required. They flat out aren't being good neighbors. I do not want them in my town center. I am a Bee Cave resident and if you attended the one meeting that the press attended, there was not one single Bee Cave resident that stood up to support this, but there was an entire room of people against it.

    Michelle
  • freedom  - love u planet k
    beecave wouldnt give planet k permits after a year of trying to get them. so what would you do if you had a business and couldnt open it. planet k owns that property they should be able to design it how they want to. they went through the proper channels but got the run around. just wait till they win on the 29th. planet k doesnt need to be at the city counsel meetings to defend themselves because they know they have already won this case. whether it be on the 29th or if the case gets pushed to a later time. they have the time to fight this!! you rock planet k glad you made it to the hill country!
  • Maria
    Funny how the bcpd is 100 yards away and it took a neighbor to call the city to find out what was going on.
    Nice to know we have the A- Team at the helm.
    Then again, they're only interested in giving out citations for going 1 mile over speed limit so what should we expect.
  • Conspiracy theory
    Restaurants and retail stores cover store front windows during construction regularly.
    It's called privacy. Don't understand the conspiracy theory angle.

    If Planet K is selling or doing something illegal why are they opened?
  • RK  - Good
    The cops in the Bee Cave/Lakeway area are a bunch of tools. They harass local businesses and give people tickets for going 2 miles over the speed limit, but seem completely unconcerned with real dangers such as kids at the high school talking on the cell phone, running stop signs and speeding. They refuse to put patrols up there after voicing my concerns numerous times. They give me excuses such as "not enough staff" but I see police on the other side of the city at 3:45 when school lets out, being useless instead of providing safety where it's needed the most.
  • Sharon X  - Nanny State????
    Isn't that like a Red State? If Rick Perry becomes monarch, he'll stop this Planet K nonsense ASAP!
  • serenity  - Not good
    Why doesn't someone do what has been done successfully in similar circumstances in Europe? Take photos of the license plates on the cars of the people shopping at Planet K and publish them in the local newspapers and/or online.

  • Sharon X  - Dear Serenity...
    ...you don't have a prayer. Taking photos of people's license plates and/or photos to publish in the newspaper sure seems like Big Brother to me. I thought that was reserved for wanted felons.
  • Anonymous  - Small town cops are joke
    Let's face it these small town cops are nothing more than revenue generators for city. If people keep paying tickets instead of fighting it in court ( which is your constitutional right), you are just making it easier on the police department because they know they will get away with it.

    People incorrectly think that these small police departments fight crime.
    Only way of finding out is to get rid of them. No need for small town police when you have cities located within county and state highways.
    State troopers and sheriffs department are only needed.
  • Anonymous  - Perry capers
    Sharon, Rick Perry got lost in the oval office for a few hours when Obama told him to have a seat in the corner.

    The pull switch for the electric chair is a count of two in Texas because Perry can't count pass it.
  • To RK  - Not enough police staff
    Amazingly the police department has enough staff to park their patrol car at bottom of hill to do radar patrol. They don't have enough staff for traffic patrol during dismissal at schools. Then again, generating revenue thru ticket writing is their priority instead of safety. They've told me the same as you.
    Apparently at Lakeway elementary it's ok to make an illegal left turn out of the upper parking lot when there's a sign posted that it's prohibited.
    But, Sweet Baby Jesus if you go 21 mph in school zone they'll cut off a school bus to get you patootie!
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