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Brunson v. Woolsey

Texas Local Government Code '232.009(b) permits a developer to request permission to revise a subdivision plat, but contains no provision authorizing a "nondeveloper owner" of land in the subdivided tract to revise the plat filed for record with the county clerk.

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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

OPINION

In this declaratory judgment action, Parker County Clerk Jeane Brunson, County Judge Ben Long, and County Commissioners Danny Choate, Mack Dobbs, Charlie Horton, and Rena Peden (collectively, Appellants) appeal from the trial court’s order granting summary judgment in favor of Appellees Mark and Diana Woolsey (the Woolseys). Appellants raise five issues challenging the trial court’s order, arguing that (1) the court’s judgment is a nullity because it contains a “reverse Mother Hubbard clause”; (2) the Woolseys lack standing to bring this action; (3) the Woolseys failed to establish their right to summary judgment as a matter of law; (4) the court’s order grants improper summary judgment relief; and (5) the Woolseys are not entitled to recover attorney’s fees. Because we determine that the Woolseys do not possess standing to maintain this suit, we reverse.

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