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Judge issues temporary restraining order in lawsuit over industrial complex development in Bee Cave

The restraining order will halt construction on the development for 14 days, which will allow the city to inspect the site and document any potential violations.

BEE CAVE, Texas — A Travis County judge has issued a temporary restraining order in a case involving the city of Bee Cave and a group of real estate developers behind the construction of a planned industrial complex at State Highway 71 and Serene Hills Drive.

The city accused the developers of staging a "cover-up" and moving forward with construction on the complex, called West Austin Business Park, without city approval.

In addition to the city’s lawsuit and claims against the developers, homebuilder Eppright Homes joined as a plaintiff in an effort to halt the construction.

The city’s petition said developers moved forward with construction without first submitting their plans for the city’s review and approval, as required. Eppright Homes’ lawsuit claims developers “staged a cover-up” by sending renderings to nearby residents misrepresenting the size and design of the project.

The lawsuit claimed developers deliberately kept the city in the dark for over a year by not disclosing an accurate description of the project and by failing to obtain formal city approval.

The 269,959 square feet of warehouse space and more than 80 docks for 18-wheeler trucks would be surrounded by residential neighborhoods. The city has been fighting the project, which it believes will significantly increase traffic from 18-wheelers on residential streets.

The land is not in the city limits. In a memo in August, the city explained, "The city and landowner signed a development agreement that brought the land into the city’s extraterritorial jurisdiction and provided some level of regulatory control. The agreement included a requirement that this land be used for commercial and office purposes. The land was sold to a new owner in November 2023."

Real estate agents are already seeing an impact.

"I've already seen lots of buyers pull contracts just because they're not comfortable seeing this go up and purchasing a property where this is in their backyard," Lakeway resident and Realtor Amy Seely told KVUE in August.

City officials hope to force developers to stop all construction on the complex and demolish what has already been built.

The restraining order will halt construction on the development for 14 days, which will allow the city to inspect the site and document any potential violations of the development agreement or city ordinances.

Developers will also have to immediately provide the city with access to all material required by the development agreement, including access to site plans, construction documents, engineering reports or certifications related to site development, government permits or approvals and submissions to governmental authorities.

Officials with the city called Friday's ruling "a win."

The next hearing in this case is scheduled for Nov. 12.

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