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Hays County v. Hays County Water Planning Partnership

The defendant's argument that no action was taken in violation of the Open Meetings Act goes to the merits of the plaintiff's claims and thus is not the proper subject of an interlocutory appeal.

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Appellant Hays County brings this interlocutory appeal from a district court decision denying its motion to dismiss and motion for summary judgment in a case involving the Texas Open Meetings Act. See Tex. Gov’t Code Ann. �� 551.001-.146 (West 1994 & Supp. 2002). Hays County raises four issues on appeal: whether the trial court erred by (1) failing to dismiss the case for want of jurisdiction; (2) failing to grant its motion for summary judgment; (3) failing to strike Hays County Water Planning Partnership’s summary judgment evidence; and (4) failing to award it attorney’s fees. We will affirm the district court’s ruling.

FACTUAL AND PROCEDURAL BACKGROUND

In this case, we revisit the controversy surrounding development in Hays County. This is the second time the same parties have appeared before this Court in a Texas Open Meetings Act case. In Hays County Water Planning Partnership v. Hays County, we held that the Hays County Water Planning Partnership, a political and environmental group of Hays County taxpayers, had standing to sue the county under the Texas Open Meetings Act (“Act”); we also held that the county had violated the Act by posting insufficient notice of a county commissioner’s court meeting. 41 S.W.3d 174, 176-78 (Tex. App.-Austin 2001, pet. denied) (“Hays County I”).

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