“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 The deal, which would have repealed and replaced the Plano Tomorrow plan with a compromised version, had fallen apart by July 18.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.