Trial set for plat dispute between county, Riverwalk RV Resort owner

Limitless Land Group, LLC, has been ordered to cease developing lots or units for sale until the outcome of a March trial that will determine if the company, who owns Riverwalk RV Resort in Bandera, is in violation of Bandera County’s platting requirements.

“If Limitless is not restrained, the continued sale of units may be in violation of Bandera County’s platting requirements, which would interfere with the purpose of the requirements to provide for the orderly, moral and healthy development of Bandera County, and for the safety, health and well being of the general public,” wrote Judge M. Patrick Maguire in his order granting temporary injunction.

That order was filed with the Bandera County District Clerk on Dec. 4.

Limitless filed suit against Bandera County on Oct. 23. after receiving a cease and desist letter which said they were in violation of state and county laws regarding subdivision regulations and sale of lots in Bandera County.

“As far as I can tell, Limitless has not complied with any of the Regulations, nor has it taken a single step towards the appropriate Application process,” read the letter from attorney Kurtis S. Rudkin on Oct. 9.

In their suit, Limitless said they were advised by County Engineer Dieter Werner there were no rules in Bandera County governing condominiums and that condominium regimes were not subject to plat approval under local government code.

“At that time, the fact that a Condominium Regime was being created and the declarations were being filed was made known to the County Clerk and there was no objection no concern expressed by the County Clerk,” read the petition filed on behalf of Limitless.

Werner said in a Nov. 2 affidavit that Limitless has violated requirements of Bandera County Subdivision and Land Development Regulations several times since Aug. 12 by subdividing lots and created a subdivision in the county.

“These lots are a fraction of an acre and have not been approved by Bandera County,” Werner said in the affidavit. “Limitless has completely ignored and violated the required Application process and Regulations.”

Those regulations express concern that groundwater’s quality and quantity may be affected by subdivision and development.

Limitless submitted objections and a motion to strike Werner’s affidavit, citing his claims were made on hearsay and that his affidavit failed to lay out his authority or qualifications to render such a conclusion.

A non-jury trial on the merits is set for March 13-15 beginning at 1:30 p.m. at the Bandera County Justice Center.