An appeals court appears to have handed voters in Plano the right to decide whether a controversial development plan is best for the city. It's a decision that means the plan Plano Tommorrow could be on the November ballot.
The comprehensive development plan was passed by the Plano City Council in 2015. It offered an outside-the-box look at reshaping development in the Collin County city, from high density apartments to retail shops. The city held hours of public hearings over the matter.
"We're thrilled about the decision. It's the kind of decision we've been getting for 4 1/2 years" said Elizabeth Carruth, one of five Plano residents who filed suit over the matter. "At his point it looks like a final decision that, hopefully the city won't drag this out any further."
The city rejected the effort to collect petitions and put the matter to a vote claiming it was a complex issue that did not belong on a ballot. Carruth and four others filed suit.
A Collin County judge dismissed the complaint on summary judgement. However, the 5th Court of Appeals in Dallas wrote "the citizens of Texas municipalities have long enjoyed the power to initiate "referendums"and "initiatives." A "referendum" is the practice of submitting a question to the voters of whether legislative action taken by a governmental body should stand. An "initiative" is the right of a citizen, or a defined number of citizens, to originate legislation by submitting it to the voters of the jurisdiction."
The Plano City Council will meet in executive session Monday to decide a next step.
A similar case has already been rejected by the Supreme Court. A lawyer for the plaintiffs noted a similar issue was dismissed by the Supreme Court of Texas
