Judge rules in favor of city in Plano Tomorrow lawsuit

The hearing for the City of Plano v. Carruth was held at the Collin County Courthouse in McKinney, Texas.

The hearing for the City of Plano v. Carruth was held at the Collin County Courthouse in McKinney, Texas.

A dispute over the Plano Tomorrow comprehensive plan came to an end Sept. 19 with a district court ruling in the city's favor.

The summary judgment granted by Visiting Judge Henry Wade was for the City of Plano v. Carruth lawsuit, or “the Plano Tomorrow lawsuit,” which called into question whether or not the city secretary is obligated to submit a petition for a referendum on the city’s comprehensive plan to Plano City Council.

“It’s been a long process,” Plano City Manager Mark Israelson said. “I think it’s great for us to have a decision, and I think this goes back to the city’s position of looking for clarity on this issue, and I think we got that today.”

Jack Ternan, an attorney for the group suing the city, said his clients’ motion, which was originally filed three years ago by Ternan, was not presented to the visiting judge. The City of Plano filed a notice of motion for the Sept. 19 hearing just hours before Ternan’s group, according to Ternan.

“We are disappointed that the visiting judge did not read or even have our copy of the motion that we set for today and are disappointed in the ruling and plan to appeal,” Ternan said.

The hearing was held at the Collin County Courthouse in McKinney, Texas.

Wade’s summary judgment comes after years of disputes in appellate courts. In February, the appeals court ruled trial courts could decide the city secretary dispute.

In mediation discussions July 10, the city said it had reached an agreement with the group of residents suing the city. The deal, which would have repealed and replaced the Plano Tomorrow plan with a compromised version, had fallen apart by July 18.

At a July 22 joint meeting with Plano City Council, two council members called for a vote to repeal the plan and replace it with the plan that was in place from 1986-2015. The vote was delayed and later tabled Aug. 19 by the Plano Planning and Zoning Commission until after the Sept. 19 court hearing.
By Liesbeth Powers
Liesbeth graduated from Baylor University with a degree in new media journalism in December 2018. She gained her newspaper experience as a staff writer and multimedia editor at her campus paper, The Baylor Lariat. Liesbeth joined the Community Impact team in August 2019, where she reports on all things Plano, including education and transportation.


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