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Gatesville votes to appeal in rezoning lawsuit

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Posted: Wednesday, January 26, 2011 12:00 pm

By Lauren Cabral

Killeen Daily Herald

GATESVILLE - The City Council voted Tuesday to file an appeal in a lawsuit it lost earlier this month concerning land rezoning.

Larry and Glenda Hughes filed a lawsuit against the city on Sept. 15, a day after the council voted to rezone 2525 Osage Road, the proposed site of a new Boys & Girls Club, from a Single-Family Zoning District to a Community Facility Zoning District.

The city has sole ownership of the property.

On Jan. 7, the 52nd District Court sided with the Hughes.

Larry Hughes said he had plans to construct a housing development next to his property, which is adjacent to the site. Glenda Hughes stated at a council meeting on Aug. 24 that she and her husband supported the Boys & Girls Club but did not want the organization next to their home.

Mayor David Byrom called the case's outcome a "gross error" and said he and the council consider the appeal appropriate.

"I think we can say that we feel like the city had a good position in the case," he said. "The council feels like we acted appropriately, like we acted with prudence."

Byrom said the appeal must be filed by Feb. 6.

Other action taken by the council included:

Approval of a resolution denying Texas New Mexico Power Company's proposed rate increase.

Approval to pay J.L. Construction for the purchase of a generator as part of the Leon Wastewater Treatment Plant Slope Protection Project. The total cost is $27,000, which is available from leftover grants.

Approval of a pay request by Keystone for the Leon Wastewater Treatment Plant Expansion Project for $44,423.90, which will be funded by $400 million in bonds from Fort Hood.

Approval of a pay request from Keystone for the Gatesville Water Protection Filter Improvement Project. The cost of the project is $63,206.69, and funds will come from $500 million in water project bonds.

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