A Harris County judge issued a restraining order yesterday against Missouri City, temporarily halting the city from changing the zoning of the Briggs Tract property near Watts Plantation Road after a second group of Missouri City residents sued the city last week over the zoning change. The lawsuit was filed by attorney Derrick Reed on behalf of Creekmont Community Association Inc. on Jan. 27 in the 61st District Court. Part of Missouri City lies within Harris County. As with the lawsuit that was filed in mid-January by Newpoint Estates residents a over the same issue, Creekmont’s suit names Mayor Allen Owen, Director of Development Services Otis Spriggs, and Assistant City Manager Scott Elmer as defendants, in addition to the city itself. The city said it is its policy not to comment on pending litigation. Similar to NewPoint Estates' lawsuit, Creekmont’s suit asks the court to require that Missouri City officials adhere to a section of the Texas local government code that requires heavily protested land zoning change requests to win approval from three quarters of the local governing body in order for the zoning change to take effect. At a City Council meeting Sept. 6 council members voted 5-2 to approve the request to rezone Briggs Tract. A vote of at least 6-1 was needed under that section of code, known as Section 211.006(d). The matter was considered dropped until Dec. 19 when the council announced that the three-quarters majority vote was actually not needed. Council members voted on the request again Jan. 3, and again the vote was 5-2 in favor. Having announced that only a simple majority approval was necessary for the request to be granted, the request to rezone was deemed to have been granted. The lawsuit states that Creekmont represents thousands of residents, many of whom own property within 200 feet of the Briggs Tract, and who protested the rezoning request. The next step in order for the development to move forward is for the city to approve platting the land in the Briggs Tract in preparation for a 278-home subdivision being proposed by developer Ashton Woods. The restraining order tells the city to cease and desist approval of plats on that land. Court records indicated Tuesday that Owen, Spriggs and Elmer have not been served with the suit filed by Newpoint Estates. Those neighbors who filed the protests cited concerns the new housing development would bring traffic congestion and exacerbate flooding in the area. On Jan. 3 Reed submitted a proposal for a compromise on behalf of the residents, promising to withdraw their protestations if the developer changed its development plan. Residents asked for more vacant to be added in between existing homes, and also for a a 911 emergency entrance. Reed said he never received a response from City Council concerning that proposal. “I’m very hopeful we can come to some kind of agreement about what is best for all parties,” said Pam Patterson, president of Creekmont.