A Tarrant County judge signed a temporary restraining order Monday that would bar the Town of Westlake from voting on or taking action to implement Resolution 26-25 once the plaintiffs file a $5,000 bond. The resolution concerns a proposed development agreement for the Circle T Data Center.
Judge Kimberly Fitzpatrick of the 342nd District Court issued the order in a lawsuit filed by Lakes at Marshall Ridge Homeowners Association Inc. and residents Linda Bjorn and Sharon Sanden against Westlake and town officials.
The plaintiffs allege Westlake failed to provide legally required public notice in connection with earlier zoning action affecting the project. The signed order states that the plaintiffs contend approval of Resolution 26-25 would authorize immediate grading, site work and construction.
The court entered the order before the defendants could be heard. It does not resolve the merits of the plaintiffs’ allegations.
Order narrowly targets council resolution
The operative provision prevents Westlake from “holding a vote on, approving, adopting, or taking any action to implement Resolution 26-25 concerning the Circle T Data Center,” including during the special meeting scheduled for Monday.
Fitzpatrick struck four broader provisions from the proposed order that would have separately barred the town from approving a development agreement, issuing permits, allowing physical site work or taking other project-related action based on the Aug. 4 site plan.
The remaining restraint applies specifically to Resolution 26-25. The order becomes effective after the plaintiffs file a $5,000 bond.
The TRO will expire 14 days after it was signed unless the court extends it. Fitzpatrick scheduled a hearing on the plaintiffs’ request for a temporary injunction for Aug. 26 at 10 a.m.
Former Keller Mayor Armin Mizani, the Republican nominee for Texas House District 98, told The Dallas Express that the ruling reinforces concerns he raised in a recent letter to the Public Utility Commission of Texas.
“The TRO agreed with the same issue I raised in a recent letter to the Chairman of the PUC: proper notice was not provided to impacted residents. This is one of the top issues relating to data centers that I’m going to work to address next session.
“Residents should never have to decipher vague or technical language to understand a decision that could significantly affect their community.”
As previously The Dallas Express, the Westlake Planning and Zoning Commission approved the Circle T site plan on Aug. 4 after nearly four hours of public testimony. Nearby Keller Westlake has maintained that the property has carried commercial and industrial zoning since 1998 and that a data center is an allowed use. The town has also said the project would expand its tax base while complying with local noise, water and landscaping requirements.
Provided by Dallas Express
