Killam Ranch Properties, Ltd. v. Webb County, Texas
376 S.W.3d 146
Tex. App.2012Background
- Webb County sold 294.24 acres known as the Webb County Detention Center and easements over Killam’s land to Khaledi.
- Killam filed a declaratory judgment seeking voiding of the sale for code/OGA violations and recorded a lis pendens.
- Public notices and bid specs referenced a sealed-bid sale under §263.007, though Ramirez used §263.007 without a county procedure.
- Commissioners Court met in executive session four times (Jan 2006–Oct 2006) to discuss the Khaledi sale.
- Trial court granted Webb County’s summary-judgment motions; en banc reconsideration granted to replace the May 11, 2011 opinion.
- On remand, issues include whether the sale complied with Local Government Code provisions and the Open Meetings Act; lis pendens issues were also considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a county must adopt a §263.007 procedure or default to §272.001 | Killam: §263.007 procedure required | Webb County: no adopted §263.007 procedure; §272.001 governs | Sale proper under §272.001; no §263.007 procedure adopted |
| Whether notice described the easements or only the acreage | Killam: notices failed to describe easements | Webb County: easements appurtenant; not required in notice | Notice sufficient; easements not required in description |
| Whether appraisal and fair market value complied with §263.007(c) and §272.001 | Killam: lack of explicit consideration of appraisal | Webb County: appraisal obtained and used to support FMV | Appraisal compliance supported; sale valid under either provision |
| Whether Webb County violated the Open Meetings Act by improper closed sessions | Killam: executive sessions for negotiations violated Act | Webb County: sessions fall within attorney consultation or other exceptions | No-conclusive proof of compliance; genuine issue on attorney-consultation exception; remand warranted |
| Whether the lis pendens cancellation order was proper | Killam: lis pendens cancellation timely and proper | Khaledi: cancellation order valid nunc pro tunc | Lis pendens cancellation nullity; remand necessary for proper ruling |
Key Cases Cited
- Collins v. County of El Paso, 954 S.W.2d 137 (Tex. App.-El Paso 1997) (default vs. discretionary sale procedures; implied appraisal requirement)
- Drye v. Eagle Rock Ranch, Inc., 364 S.W.2d 196 (Tex. 1962) (appurtenant easements; definition of appurtenant)