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Monday, 22nd January 2018

in Bee Cave TX 78738

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Backyard sets stage for lawsuit against City


The City of Bee Cave has received the opening salvo in the expected legal action by the Backyard's developer Chirs Milam over the refusal to grant permits because of the lack of a second exit onto 71.


In a letter dated Dec 11th Milam's lwayers demand that the City preserves any and all records including council member e-mails and social media posts.


They claim "Specifically, we are in the process of investigating the City’s:

(i) refusal to amend the Backyard’s Planned Development District Ordinance in November 2017, despite the Planning & Zoning Commission’s and City staff’s recommendation that the Backyard had mitigated all of its traffic impact;

(ii) failure to approve the Backyard’s Site Plan in July 2017, despite the Planning & Zoning Commission’s and City Staff’s recommendation that the Backyard’s Site Plan fully conformed with the law;

(iii) refusal to grant the Backyard access to Highway 71 through City controlled property, despite making that access a requirement of the Backyard’s opening and operation; and

(iv) other actions related to individual City Council member’s attempts to thwart development of the Backyard, while concurrently taking actions to benefit adjacent and competing property owners.


It is clear the suit will almost certainly be against individual council members as well as the City and seeks to distance itself from the other development of condos on BCP. 


The letter begins: "Our law firm has been retained by Backyard Partners LLC to investigate the legality of actions taken by certain members of the Bee Cave City Council in relation to the development of the “Backyard,”..."



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