After extensive public opposition, Comal County denies request to cancel two Summit Estates lots

Comal County Commissioners on June 11 denied an application to cancel Lots 277 and 278 of Summit Estates at Fisher Unit 1 after a lengthy public hearing in which homeowners, HOAs and neighborhood advocates described the cancellation as a threat to deed‑restricted single‑family character, neighborhood safety at a single gated ingress/egress, and local groundwater resources.

Many residents, including the Summit Estates HOA president Sarah Garza, urged denial and emphasized the precedent such a cancellation would set countywide. Garza told the court, "we highly oppose this" and asked the commissioners to consider the implications for community covenants. Adam Friedman, a land‑use and water attorney representing the HOA, said the statute allows cancellation only in narrow circumstances and noted the applicant bears the burden of proof that established rights would not be interfered with.

Representatives for Texas Water Company (TWC) — outside counsel and engineer Jason Davis — said the application is "not about new growth" but about correcting plat issues and improving reliability for existing customers. Davis stated the project "does not increase the pumping capacity of the well" and framed the change as needed to improve redundancy and water quality. Several residents and neighborhood groups, however, raised concerns about public‑presented capacity figures — including an alleged 1,000,000 gallons‑per‑day figure described by community advocates — and potential impacts to the Trinity Aquifer and nearby wells.

After a closed executive session to consult with counsel, Commissioner Crownover moved to deny the application filed by Tyrone Anderson; Commissioner Webb seconded the motion and the court approved the denial. Commissioners noted legal counsel and potential litigation remain possible and that some questions — particularly around water rights and regulatory authority — exceed the county's land‑use role.