Trial court voids the note approval and orders the City to pay the plaintiff's legal fees
In the 320th District Court (Potter County), visiting Judge William Sowder voided the May 24, 2022 approval, finding insufficient notice of the meeting's subject and that new Civic Center construction was not a "public work" eligible for tax anticipation notes. The City was ordered to pay the plaintiff's attorney fees.[1][2][3][4]
Judge William Sowder voided the council's May 24, 2022 approval of the notes, finding insufficient notice of the meeting's subject, and held that using the proceeds was not authorized under the Texas Government Code because new construction of the Civic Center complex "is not a public work."[2][5]
⚠ Sources differ
Sources differ by one day on the date of the trial-court judgment.[1][4]
August 2023 report of the appeals ruling: 'more than $300,000' in attorney fees.
✓ Verified
City of Amarillo: The City said it "respectfully disagrees with the judgment" and was reviewing the decision with legal counsel.[2]
✓ Verified
Robert Henneke, Texas Public Policy Foundation: Texas Public Policy Foundation general counsel Robert Henneke said, "Cities cannot be allowed to circumvent the democratic process with creative public financing tools when they get a result they don't like."[4][2]