Burnet County Precinct 4 Justice of the Peace Debbie Bindseil dismissed a lawsuit against the city of Granite Shoals over payment made to the city of a lien held on property.
On May 20, Christopher and Patty Hanson filed a lawsuit against the city seeking return of a 2016 payment to the city in satisfaction of a lien held on their property along Twilight Lane.
The city adopted Ordinance 220 in 1986, which levied assessments against property owners whose property benefitted from paving done by the city. Such assessments are authorized by the Texas Transportation Code and allow a city to recoup the costs of road paving, a municipal press release stated.
The Hansons paid $7,859.18 in 2016 in order to sell their property. The bill grew, due to an 8 percent annual interest, from $765.
When the ordinance was passed in 1986, 182 property owners owed approximately $20,000 for the street liens. By 2019, the total had risen to approximately $200,000 total due to interest, according to city records.
The city filed an answer to the lawsuit arguing that the court lacks jurisdiction to consider the Hanson’s claims because “cities are immune from the claims raised by Plaintiffs, and because Plaintiffs exceeded the statute of limitations to bring such claims.”
After reviewing all arguments, Bindseil found the city’s response “meritorious” and dismissed the case with prejudice to refiling. A case that is “dismissed with prejudice” ends permanently and cannot be refiled.
“The city appreciates the court’s quick resolution of this proceeding, which affirms the validity of the street paving assessments adopted by the city over 30 years ago,” stated a press release from the city of Granite Shoals. “Repayment of these liens protects the taxpayers of Granite Shoals by allowing the city to recoup the funds it had to expend many years ago to pave these roads — funds that otherwise would have to be made up by taxpayers today.”