State of Texas sues city of Double Horn for incorporating to block mining
Contributed
The city of Double Horn will face attorneys with the State of Texas who alleged that the newly-created municipality formed with the sole purpose of attempted regulation of a proposed 280-acre mining operation on Texas 71 adjacent to community. Pictured during the alderman swearing in ceremony in February, from left, are: Double Horn Mayor Cathy Sereno, Alderman Glenn Leisey, City Marshal John Osburne and Alderman Bob Link – all named in the Texas attorney general's lawsuit seeking to dissolve the city.
By Connie Swinney
Staff Writer
The state of Texas has launched a lawsuit against the newly-incorporated city of Double Horn, claiming the community failed to follow state law in the process of becoming a municipality in its pursuit to regulate an adjacent mining operation.
A hearing in the Burnet County district court is scheduled April 3 before 424th Judicial District Judge Evan Stubbs.
Double Horn city officials named in the petition, originally filed March 1, are Cathy Sereno, R.G. Carver, Bob Link, James E. Millard, Larry Trowbridge, Glenn Leisey and John Osburne.
“I truly believe it's David versus Goliath,” Mayor Cathy Sereno said in a phone interview. “We're just a little bitty town in Texas trying to protect our quality of life.”
In December the community comprised of 180 eligible voters, passed a measure by 53 percent to become a General Law Type B municipality, located between Marble Falls and Spicewood just off Texas 71.
A 280-acre planned mining operation, adjacent to the subdivision, prompted a group of Spicewood-area residents to petition for the incorporation election.
“This is a community of law-abiding citizens. We believe we met all the requirements to incorporate,” Sereno said. “We believe it's motivated by private commercial interests, and it's Spicewood Crushed Stone, which is owned by Dalyrymple Company based in New York.”
A spokesman for the State Office of the Attorney General offered the following statement:
“Our office doesn’t object to a town or village wanting to become a city, but it must be done according to Texas law,” said Marc Rylander, director of communication. “[I]n this case, the small homeowners association that voted to declare itself the city of Double Horn did so unlawfully by failing to comply with the statutory requirements for incorporation as a city.
“This is simply about defending the rule of law and preventing the abuse of power by a neighborhood.”
Groups known as the Spicewood Community Alliance and Spicewood Equity Protection Alliance, who organized roadside anti-mining protests and petition rallies, initially led the charge for the Double Horn subdivision incorporation election.
Matthew McCabe, president of the Spicewood Community Alliance, said he believes the state of Texas' is trying to send a message to other cities.
“If the state can win this battle against Double Horn, they could use it as a precedent to stop cities from being able to self rule,” McCabe said. . . .
For the rest of this story, pick up the Friday, March 22 issue of The Highlander, the newspaper of record for the Highland Lakes. To make a comment or offer a news tip, email connie@highlandernews.com.
