Lawsuit attempts to stop land sale in Greenwood Forest subdivision

They are members of a group that opposed the sale of the greenspace to the fire department since June.

The lawsuit filed Oct. 20 in Harris County's 270th Judicial District Court states the Rutherfords are seeking temporary and permanent injunctions against the Greenwood Forest Homeowners Association — incorporated as Greenwood Forest Fund — and its five-member board.

The Rutherfords could not be reached for comment on the lawsuit. Their attorney, John Schaffer, said he was waiting for a court schedule on the case, but would not comment further on pending litigation.

The petition states the Rutherfords want the association to withdraw an offer to sell the property to Harris County Emergency Services District 29.

ESD 29 is the taxing entity funding the Champions Area Fire Department, which plans to build a 26,000-square-foot fire station on the Greenwood Forest site.

The two parties have not closed the deal, but the ESD 29 board did vote Oct. 7 to accept the association's $90,000 offer pending clearance by legal counsel.

The Rutherford's lawsuit states the property is a "common area" owned by all members of the Greenwood Forest Homeowners Association, which includes the 1,600-plus homeowners in the northwest Harris County subdivision.

The petition states the association's "merger articles" which governed the association after it acquired the clubhouse and adjoining common area in 1978, do not contain a provision that would allow the association's board to sell the property.

Corky Norred, president of the Greenwood Forest Homeowners Association, said there is a section in the merger articles allowing the board to sell common property. He said the same provision is in the association's by-laws.

"I can't find anything in them that says we cannot sell the property," Norred said. "We don't feel we have overstepped our bounds."

Norred said the five-member board voted unanimously to extend the contract to the fire district board at a special meeting July 21.

He said the board's decision was based on the results of a door-to-door survey of residents July 17-20. Out of the 805 who responded, 713 were in favor of selling the greenspace and keeping the fire department here, and 92 were against.

Ken Latimer, an association board member, said he feels the association is on strong legal ground.

"We are certainly going to move forward with our decision to sell," Latimer said. "We made a legal decision, and did a survey of residents that backed that decision."

Bill Wald, board president of ESD 29, said the board is not named in the lawsuit, but cannot move forward with closing on the land deal until the lawsuit is settled.

"In my opinion, it is a weak case, but they have to go ahead and have their day in court," Wald said.

Champions Area Fire Chief Hilland Hardy said the delay has not put a damper on his department's plans, but it may cost the taxpayers money.

"Delays cost money," said Hardy, who has been waiting to start the fire station project for more than a year. "Interest rates on financing are going up, and the cost of the project is going up. Eventually the taxpayers have to pay."

Hardy said if the land is purchased, the department will build the fire station as soon as possible.

ESD 29 would foot the estimated $3 million tab for the land and building using proceeds from an existing 5-cents-per-$100 property tax.

Property owners in a the 9-square-mile emergency services district, bordered by Bammel-North Houston Road on the south, Strack Road on the north, the Burlington Northern Railroad tracks on the west and Stuebner-Airline Road on the east, pay those taxes.