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Resident urges council to revisit denied vested-rights petition; council later meets in closed session on vested rights
Summary
During public comment a resident said the city denied his vested-rights petition and asked that council "cure" the decision rather than pushing the matter to expensive litigation. The council later entered executive session to consult with counsel on vested-rights issues; no public action followed executive session.
During the public-comment period of the Feb. 11 Boerne City Council meeting, resident Matt McCall described a long-running dispute regarding a petition for vested rights related to property on Rosewood and asked the council to revisit and "cure" what he described as an erroneous denial.
McCall said his family's property at 678 Rosewood was part of an original development plat and that a petition for vested rights submitted earlier had been denied by the city manager and by the council on appeal. He said another property owner in a similar situation later received vested-rights recognition and pressed the council to correct an inconsistency. McCall stated he did not want litigation but said his attorney estimated pursuing city action in court could cost about $300,000 and take five years to resolve.
The council later announced it would move into executive session under Section 551.071 of the Texas Open Meetings Act for consultation with the city attorney on vested-rights matters. The meeting returned to open session at about 7:22 p.m. and then adjourned; the council did not announce any public action or decision following the closed-session consultation.
The public comment and closed-session item indicate the matter remains unresolved publicly; staff and council previously noted that vested-rights disputes can be subject to judicial review if parties allege arbitrary and capricious decision-making.
