The Thirteenth Court of Appeals, on August 6, 2009 issued a ruling which effectively saves Isla Blanca Park for the future use and enjoyment by the general public of Texas (and, in particular, citizens of the Rio Grande Valley). This was a hard-fought battle, which many thought would be impossible to win, but a coalition of civic-minded groups who cared about the interests of the public was persistent and successful. The land in question (the south end of South Padre Island – known as the Isla Blanca Park) was donated many years ago to Cameron County by private landowners. At least one of those landowners stipulated that the land donated to Cameron County should be used “solely for the purpose of a public park.”
Nevertheless, several years ago (initially in March, 2005), the county judge and commissioners agreed to lease the land which currently is designated Isla Blanca Park to a group of private developers operating under a corporate shell (i.e., the corporation had no assets) named “Laguna Madre Enhancement Group, Limited Liability Corporation.”
The lease was, in the eyes of many, unusual. Among other things, the lease provided that the developer could make the property inaccessible to the general public (which appeared to be against the specific instructions of the individual who originally donated the land to Cameron County, not to mention the Texas Open Beaches Act) and would allow the shell corporation to develop the property for uses such as a hotel, condominiums, time share units and, possibly, a casino (assuming that the State of Texas ever legalized gambling in the future). Unstated in the above is the fact that these uses would prohibit the general public from using the land which is today a public park and public beach.
Several years ago, a group of civic-minded citizens organized themselves as the “Friends of Isla Blanca Park” and began a campaign to save the public park for the continued use of the citizens of the Rio Grande Valley. The “Friends of Isla Blanca Park” did well and raised the public awareness of what the county had mistakenly done. However, the Friends of Isla Blanca Park did not have sufficient funding to hire lawyers and to file lawsuits to prevent the lease or the private developers from going forward.
The “Friends of Isla Blanca Park” sought the help of Property Owners Who Care – South Padre Island. Working together, the “Friends of Isla Blanca Park” and Property Owners Who Care – South Padre Island were able to raise the funds necessary to pay attorneys fees and bear the expense of a lawsuit. Subsequently, the lawsuit was joined by Sea Turtle, Inc. and the Friends of Laguna Atascosa National Wildlife Refuge. The lawsuit, as is frequently the case, lasted for years.
Three years after the original lawsuit was filed (the purpose of which was to ask the court to determine whether or not the lease between the private developers and Cameron County was legal and appropriate). A Cameron County District Court ruled in favor of the developer (which had the affect of saying the lease was enforceable – and that the general public could be denied use of Isla Blanca Park). If this decision had remained unchallenged, then the ruling of the Cameron County District Court would be considered “final” and access to Isla Blanca Park would have been lost to the public forever.
However, unwilling to accept an adverse ruling from a lower court, the “Friends of Isla Blanca Park,” the Friends of Laguna Atascosa National Wildlife Refuge, Sea Turtle, Inc., and Property Owners Who Care – South Padre Island banded together once again and appealed the ruling of the Cameron County District Court to the Texas Thirteenth Court of Appeals. After many months of additional legal maneuvering (which involved not only time, but also expense), the Texas Thirteenth Court of Appeals ruled against the Cameron County District Court and in favor of the “Friends of Isla Blanca Park,” the Friends of Laguna Atascosa National Wildlife Refuge, Sea Turtle, Inc., and Property Owners Who Care – South Padre Island. Accordingly, the initial decision of the Cameron County District Court was reversed. This ruling has the effect of invalidating the lease between the private developer and Cameron County – thereby preserving the use of Isla Blanca Park for the general public.
Isla Blanca Park has been saved for use by the public – at least for now. The developers who worked closely with the Cameron County officials to initially create a lease, which was against public policy, are likely to seek ways around the ruling of the appellate court. However, Property Owners Who Care – South Padre Island and the different groups with which it joined to protect the interests of the public and the Town of South Padre Island will continue to monitor the situation closely and be prepared to move quickly to again oppose this reckless and unconscionable violation of property given to the public, if the private developers attempt to pursue this matter further.
- Rio Grande Valley Committee for Good Government |