Aug. 2, 06 - Lawsuit against development group avoided

EMMA PEREZ-TREVIÑO

Cameron County officials had been ready to sue the Laguna Madre Enhancement Group if it didn’t free Isla Blanca Park from its lease with the county but backed off when they found the group amenable to an agreement.

The group and the county are still negotiating an amendment to the lease on the development of about 27 remaining acres of land, down from about 160 acres.

The Commissioners Court was not ready to take action on an agreement at Tuesday’s regular meeting.

But county officials had considered filing a lawsuit against the development group, claiming that a court should declare the lease void.

The county’s intended arguments were that the public notice and request for proposals that it issued didn’t specify the property to be leased, and a legal description of the property was not contained in the lease agreement that County Judge Gilberto Hinojosa signed March 15, 2005, making the lease possibly void.

County Chief Counsel Richard Burst confirmed the veracity of a proposed petition for a judge’s declaratory ruling.

“You have to realize these (were) allegations,” Burst said. “You have to support that with evidence. I don’t think I ought to discuss it that much.”

Burst said that filing the petition in court had only been an alternative.

“If I research an issue of what causes of action are available, I prepare it and am ready to go with whatever the client directs,” Burst said. “It [the petition] was anticipatory.”

Doyle Wells, with the development group, confirmed Tuesday that he saw the petition but did not respond when asked if he considered it an intimidation tactic.

“I would characterize it as showing that the county was serious about terminating our existing lease,” Wells said. “Nobody wins in a lawsuit. We would rather work out an amicable resolve with the county. It is our intent to move forward on good friendly terms instead of adversarial.”
Wells is disappointed that the lease is being amended.

“I recognize the pressure that was placed on the court,” he said. “I am disappointed that they chose to listen to a vocal few and disregard the full potential of the park and enhancement of public facilities, but we are agreeable to amending the current lease to move forward.”

The group is waiting for a survey that the county is preparing of the land remaining in the lease.