Bee Cave news — April 2012

Photo by Gene Davis

Planet K wins court battle against City of Bee Cave

In March, a district judge issued a temporary injunction to prevent the City of Bee Cave from interfering with Planet K's business.

The injunction prevents the city from issuing citations against Planet K, its employees or its parent company until a May jury trial. The ruling, which follows a similar temporary restraining order issued against the city in February, allows Planet K to continue selling imported cigarettes, pipes, erotica and more on the porch of the former Trading Post Wine Bar & Grill building.

"We were very pleased that the court decided, after hearing the evidence, to maintain the status quo and not let the city interfere with the rights of our client," said Russ Horton, an attorney for AusPro Enterprises, the landlord for Planet K.

Following the judge's ruling, the City of Bee Cave filed an appeal to the Austin Court of Appeals.

Since March 2011, Planet K has sought approval of a building permit to open inside the former Trading Post building. The city rejected multiple Planet K applications because the business did not follow city ordinances, Bee Cave officials have said.

In December, Planet K began selling its products on the former Trading Post porch. More than 15 tickets have been given to Planet K employees for selling the store's merchandise without a permit.

The temporary injunction was necessary to prevent irreparable harm to Planet K before a jury trial rules on the issue, the court ruling stated.