As the legal battle between Bee Cave and developers of the West Austin Business Park marks its one-year anniversary this August, both parties are preparing for a jury trial in February.
What’s happening
On July 2, the city of Bee Cave issued a notice to residents that the city and developers’ jury trial was pushed from August to February due to case complexity. The decision was made through an order signed by Judge Jan Soifer of the 345th District Court.
“This lawsuit is actively moving through the courts and discovery is underway,” Bee Cave Communications Director Crystal Cotti said in a written statement to Community Impact. “That process includes a thorough investigation into how this development came about and any misconduct that occurred. As new facts are uncovered, the city will continue to pursue all appropriate legal filings and hearings to ensure the truth is brought forward ahead of the February trial.”
As Bee Cave undergoes its discovery process, the West Austin Business Park is in final construction stages, according to the development’s website.
Defendants in the lawsuit—including developers from Velocis, Wheelock and also former City Manager Clint Garza, who was added to the lawsuit in February—are also preparing their defense for the case. Representatives with Velocis did not provide a response when reached for comment regarding the status of the lawsuit and their defense.
The history
While the city moves through the discovery process, here is a recap of legal actions taken over the last several months by the city of Bee Cave and by West Austin Business Park developers, Velocis and Wheelock.
March: Bee Cave issues first motion to compel documents
In March, Bee Cave attorneys filed a motion to compel developers to turn over subpoenaed documents including communications with Travis County, financial information regarding investors for the WABP, and a list of subcontractors used for the development.
A hearing was held for the motion March 13. On March 24, a ruling was issued by Travis County Judge Daniella Deseta Lyttle of the 261st District Court that granted Bee Cave’s motion and required Velocis to turn over documents to Bee Cave.
April: Bee Cave issues second motion to compel documents
Business park developers failed to provide certain documents that the city of Bee Cave requested by the April 7 deadline set by Judge Lyttle, according to a Facebook post from Mayor Kara King.
As a result, the city issued a second motion to compel April 4, which was again granted, this time by Judge Catherine A. Mauzy of the 419th District Court, after a hearing April 14.
“The court ordered Velocis to turn over, in a week, emails about the potential sale of the project to Exeter EQ, certain communications with the general contractor and documents and communications previously ordered by a prior judge,” King said in a Facebook post regarding the motion. “Those documents include information about who has a financial interest in the project and the subcontractors involved.”
May: Bee Cave issues motion for partial summary judgment
Bee Cave’s Special Counsel Casey Low issued a motion for partial summary judgment—a request for a ruling on certain claims Bee Cave made in their lawsuit—on May 13, seeking to invalidate permits issued by Travis County for the business park.
City representatives have not provided comment regarding outcomes of this motion as of press time.
June: Velocis issues motion for partial summary judgment
Velocis similarly issued their own motion for partial summary judgment in June. In this motion, they requested that the court recognize terms laid out in the development agreement which they claim exempt the development from needing to obtain certain permits, and argued that the city does not have authority to withhold approval of the development.
“As a matter of law, the development agreement vests Velocis—the owner of the project—with an irrevocable right to develop the property and obligates the city to perform only a ministerial, administrative review and approval of development submittal,” the motion states. “In short, the development agreement expressly precludes the city from exercising any discretionary authority to deny, disapprove, or condition the development.”
Velocis representatives have not provided comment on this motion as of press time.
What’s next?
The trial will begin Feb. 23 and is expected to last for two weeks, according to the Bee Cave notice. Members of the public will be allowed to attend.
