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New motions filed in old dispute
Celina, Pilot Point seek agreement on boundaries08:32 AM CDT on Saturday, May 17, 2008
Lawyers for Pilot Point and Celina will be back in district court Thursday, even though 362nd District Judge Bruce McFarling issued a final order on their long-standing boundary dispute two months ago.
On March 14, McFarling ruled in Pilot Point’s favor, agreeing that the city could annex FM455 to the county line. Celina had challenged the annexation by filing a lawsuit in 2006, even though Pilot Point claimed the 8-mile strip of land six years earlier, in 2000.
Lawyers for both cities filed new motions after the final order.
Despite the judge’s findings, the dispute still has loose ends, according to Pilot Point’s outgoing mayor, Jerry Alford.
“We still don’t have a boundary agreement,” Alford said. “That’s what we’re trying to accomplish, by asking the judge for his help.”
Celina’s attorney, David LaBrec, said that a meeting with Pilot Point’s attorney, Andrew Messer, after the final order to settle matters didn’t go very far.
Messer did not return a call for comment.
“It was very frustrating for us,” LaBrec said, adding that, in Celina’s view, “Talley Ranch has been a major impediment in this.”
Pilot Point signed a development agreement consenting to Talley’s formation of a special taxing district to fund the project, which lies between the two cities. In court filings, Talley developers have asked for the same things Pilot Point has requested.
Celina could still appeal McFarling’s final ruling.
As he signed the order, McFarling expressed concern with the limitations in current annexation laws and rulings, LaBrec said.
He wasn’t sure what the Celina City Council would ultimately do, but he planned to meet with council members after Thursday’s hearing on the new motions, LaBrec said.
Andrew Messer, representative for Pilot Point, filed a motion March 20 requesting to modify the judgment so the cities can settle their shared boundaries.
LaBrec answered the motion for Celina on April 7, asking that it be denied for several reasons, and summed up, “enough is enough.”
PEGGY HEINKEL-WOLFE can be reached at 940-566-6881. Her e-mail address is pheinkel-wolfe@dentonrc.com.
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