The ever-challenging development on the 344-acre plot of land at 418 Ammann Road, which has been known by many development names, has resulted in a third lawsuit against a local municipality.
The long and complicated relationship between the city of Fair Oaks Ranch and the 418 Ammann Road Property began in March 2016 when the property was owned by R.W. Pfeiffer Properties and refered to as The Reserve at Fair Oaks Ranch.
The development was the spark that ignited the FOR activist group Save Fair Oaks Ranch, which partially was organized by former FOR Mayor Garry Manitzas and former Place 3 FOR Councilmember Steve Hartpence.
The original lawsuit centered on water, with the developer arguing the development and annexation agreement with the city only required the developer to supply groundwater. However, city officials, who want to place an elevated water storage tank on the property, are arguing the development must use city water.
The current lawsuit does not stray far from the original lawsuit, despite the change of ownership and Pfeiffer Properties’ withdrawal of a lawsuit. The current lawsuit makes a similar argument as that made in 2016.
The property has changed hands several times since the Pfeiffer company’s efforts to develop, moving to DTB Investments in 2018, Silverleaf Investments in 2019 and, finally, to Boerne Ranch Estates in 2019. The development is now referred to as Boerne Ranch Estates.
“The development agreement only requires that the developer provide ‘a water source,’ that it be ‘groundwater,’ that the developer provide the water availability study and the contribution in aid of construction,” reads the Boerne Ranch Estates petition against the city of Fair Oaks Ranch.
“The developer has performed all of those matters but COFOR (FOR) has indicated that it will not approve the preliminary plans or the plat(s) that may be required for the development because the groundwater, according to them, must be ‘onsite’ rather than ‘off-site.’ There is not [sic] such requirement in the development agreement.”
This lawsuit comes on the heels of a recent ruling that found the Boerne Ranch Estates developer could not sue the Kendall County Commissioners Court, as it had no jurisdiction over the developer’s agreement with the city. The developer sued all of the county commissioners individually, but a judge found the developer must work with the city of Fair Oaks Ranch as there already is a legally binding development agreement.
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