One more interesting note about the City of Glen Rose vs the Reinkes re: Dennis MooreSomervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


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One more interesting note about the City of Glen Rose vs the Reinkes re: Dennis Moore
 


29 December 2015 at 8:13:40 PM
salon

The Reinke's, who until recently owned Inn in the River, attempted to sell that property to an upscale rehab center in 2013. From the appellee brief filed with the 7th Texas Court of Appeals. "The City stated this business conversion would be permitted under the existing City ordinances". In August of 2014, Dennis Moore, who was then Mayor, went to Inn on the River and told the Reinkes he was "personally against converting the bed and breakfast into a rehab facility". The City Administrator, Kyle McCain (now the former City Administrator), said in an evaluation to City council that there were "no significant issues" to prevent the rehab center from opening. By October 2014, the City Administrator denied certificate of occupancy, at which point the Reinkes asked for a formal hearing before the Zoning Board of Appeals. Ultimately, and you can read the steps in between, District Court granted summary judgment for the Reinkes. After that, the City of Glen Rose decided to appeal. 

Note the footnote that indicates that the appellees have a belief that Dennis Moore "chose to run for election as a city council member so that he would be able to vote on matters before the council" and that's why he didn't run for re-election as Mayor.

In another part of the court appealee brief document, after another iteration that Kyle McCain, city administrator, had no problem with them using that property as a rehab center... "Apparently, problems associated with Appellee's land use change request originated during and after a visit to their Bed and Breakfast by the former mayor, Dennis Moore, who was vocal with Appellees about his displeasure with the proposed change of property to a rehab facility. Mr Moore even assured Appellees that he would see that the change did not occur and that the city administrator, who reported directly to the city council and the mayor would perhaps "create a zoning issue after all", a clear sign that despite any zoning problems legally existing at the time, Mr Moore's intent was to keep the rehab facility out of the city, legally or illegally (emphasis added)

And here, is that opinion again. 

"Howeer, for reasons Appellees believe to be politically motivated and orchestrated by former Mayor Dennis Moore, the zoning board of adjustment failed to properly apply either of these definitions during its deliberations and in its ruling."

The appeal is set to be submitted to the court, without oral argument, on January 4, 2016 

 

 


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