Collin County Wins 2nd Lawsuit

Jul 9, 2017 | News

In a decision released this week, Collin County and Arch Resorts LLC won a decisive victory in the lawsuit filed against them by the City of McKinney. District Court Judge Scott Becker issued his ruling on Friday afternoon, ruling for Collin County and Arch Resorts on all seven motions:

  1. Motion for Summary Judgment of the City of McKinney and Rick Herzberger (June 19, 2017) Denied
  2. Collin County’s Motion for Summary Judgment (June 19, 2017) Granted
  3. City of McKinney’s Motion for Partial Summary Judgment on Platting (October 20, 2016) Denied
  4. Arch Resorts’ Motion for Partial Summary Judgment on Vesting Issue (June 19, 2017) Granted
  5. Arch Resorts’ Motion for Partial Summary Judgment on Permitting in the ETJ (June 19, 2017) Granted
  6. Arch Resorts’ Motion for Partial Summary Judgment on Platting Issue (June 19, 2017) Granted
  7. Arch’s Objections and Motion to Strike Summary Judgment Evidence (June 26, 2017) Sustained

In summary, the decision confirms that Arch Resorts is not subject to the city’s subdivision ordinance regulations, Arch Resorts is not required to obtain plats or permits from the city of McKinney, permits issued by Collin County for construction activities in the unincorporated county are valid, and McKinney has no authority to overrule the county’s legally issued permits. The question of legal fees will be considered at a later date.

The ruling represents an important victory for private property rights, personal liberty, and limits on local government overreach. This is the result I anticipated and hoped for, and I’m pleased that the court’s decision validates the position I’ve taken from the beginning!