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TCEQ creates White Oaks MUD in Denton County despite landowner and county objections
Summary
The commission granted the petition to create White Oaks Municipal Utility District in Denton County and appointed temporary directors after protestants and Denton County urged denial, citing zoning and feasibility concerns.
The Texas Commission on Environmental Quality on June 18 granted the petition to create the White Oaks Municipal Utility District in Denton County, added road powers and appointed temporary directors to serve until an elected board is qualified.
Petitioner counsel Brian Moore told the commission that there were no substantive exceptions to the administrative law judge's proposal for decision and asked the commission to adopt the ALJ's order. The executive director and the Office of Public Interest Counsel both recommended adopting the ALJ's proposed decision.
Several protestants and counsel appearing on their behalf argued that the ALJ's findings were legally deficient. Cody Faulk, speaking for multiple landowners and noting participation by the Denton County Commissioners Court, said the petition relied on speculative assumptions about zoning changes and an inflated assessed valuation. "The projected tax base and debt service are completely unrealistic," Faulk said, arguing that Mustang SUD already holds a certificate of convenience and necessity and that no will-serve letter or service agreement was presented.
Commissioners discussed clerical and factual errors in the ALJ's proposed order and adopted corrections circulated at the dais before voting. The commission moved to grant the petition for the White Oaks Municipal Utility District of Denton County, add road powers, and appoint Roberta Matthews Corbett, Elizabeth Marie Brooks, Alashana Vietlong, Cole David Finley and Tom O'Brien as temporary directors. The motion passed on a voice vote; the transcript does not show a roll-call tally.
The executive director noted that the ALJ had referenced an earlier version of the preliminary engineering report and that staff and parties had an opportunity to correct inconsistencies; the commission elected to make corrections rather than remand the order to the ALJ. The adopted order includes direction to appoint the named temporary directors and to fix cited findings of fact and conclusions of law.
