From San Angelo Standard-Times . . . May 7, 2012

Residents sue over Brady ATV Park

Plaintiffs allege city didn’t give ample warning

By Matthew Waller
mwaller@gosanangelo.com
325-659-8263

Above the roar of four-wheelers at Brady’s new all-terrain vehicle park, voices from nearby residents continue to protest the city’s decision to allow the park in the first place.

A group of residents at the Simpson Lake Club, which is adjacent to the new MUDualistic ATV Park, has filed a lawsuit against the city, contending that the city didn’t comply with the proper zoning.

“Substantial public controversy had arisen over the efforts of Mudualistic to locate an ATV Park in Brady,” the suit states.

The lawsuit alleges that the city didn’t give ample time to residents to give public input and forced the park through.

It said there was only “vague” notice in a special meeting agenda, and the contract was approved.

The city held a meeting Aug. 31 at which residents raised concerns about a city employee’s involvement in the park and the possibility of endangered animals being threatened in the area.

The lawsuit states that when the city annexed the more than 630 acres for the park, it was zoned for agricultural use by default and hadn’t been rezoned since.

The suit also states that the zoning is inconsistent with the city’s comprehensive plan.

“The noise, traffic, dust; and other human activity associated with use of the Mudualistic property for the purposes for which the City leased it to Mudualistic, as well as the uses Mudualistic is making of the property beyond the terms of the lease, disrupts the use of Simpson Lake Club Subdivision properties for the purposes associated with zoning for the area,” the lawsuit states.

The lawsuit document asked for relief, including voiding the authorization of the lease for Mudualistic. There are 12 plaintiffs and petitioners named in the suit.

The city issued a statement, noting it will file an answer to the lawsuit by May 21.

“The city will vigorously defend this suit and the actions of the city council and city officials,” the statement says.

Ben Siebert, the ATV Park owner and operator, said his company had nothing to do with zoning decisions.

He didn’t give the complaints much credence, saying that most of the community is supportive of his business venture.

“I have no problem with how this property is zoned,” he said. “This is another felonious attempt, in my mind, like Don Quixote chasing a windmill. It’s just a small group of people that are trying to stop the park from happening.”

(Any typos are strictly my fault.  And I added a line between the paragraphs so my tired and old eyes could read it better.)  LOL.  – Gary Ray