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Judge pauses construction on Bee Cave warehouse facility facing lawsuit

BEE CAVE, Texas (KXAN) — On Friday, a Travis County judge approved a temporary restraining order to stop building an industrial park located in the city of Bee Cave’s extraterritorial jurisdiction.

This is the newest development in an extensive legal battle against the distribution center. The facility under construction is near the intersection of State Highway 71 and Serene Hills Drive.

The ruling paused construction for 14 days so the city can inspect the site and document any violations of the development agreement or city ordinances.

Online plans show the nearly 270,000 square foot property would have three buildings with 80 docking bays that could hold big rigs, warehouse space and offices. However, neighbors in the area and city leaders want to stop the project.

  • Judge pauses construction on Bee Cave warehouse facility facing lawsuit
  • Bee Cave ETJ Distribution Center
  • Bee Cave ETJ Distribution Center
  • Bee Cave ETJ Distribution Center
  • Bee Cave ETJ Distribution Center
  • Bee Cave ETJ Distribution Center

The lawsuit

In August, Bee Cave City Council voted to file a lawsuit blocking the development.

“We are seeking to not only stop construction, but to tear down what has already been built,” said city of Bee Cave Communications Director Crystal Cotti.

Lakeway City Council voted to join the lawsuit. Most recently, a nearby housing developer added its name to the suit as well.

“Residents have expressed to us concerns about noise pollution, light pollution and probably the biggest concern is traffic safety of these 18 wheelers coming into contact with residential drivers trying to come and go from their neighborhood,” Cotti said.

The hearing

During Friday’s hearing, an attorney for the city discussed how construction impacts people in the area. He highlighted disruptions from noise and light pollution.

The city sent images to KXAN and said industrial-grade floodlights are used at night so work continues at all hours.

An attorney for the developer behind the project pushed back. During the hearing, he said there is no imminent or irreparable harm. He stressed there haven’t been any warnings or citations for noise or lighting ordinance violations.

Along with pausing construction, the ruling required developers to provide the city with access to documents, such as:

  • Site plans
  • Construction documents
  • Engineering reports or certifications related to site development
  • Government permits or approvals and submissions to governmental authorities

This case is far from over, but at least residents will get a break from construction over the next two weeks and the City of Bee Cave will finally be allowed on site to properly inspect this development.”

City of Bee Cave

WS-COS Development is the land developer who sold the property to the group building the project.

It claimed that back in November 2023, the city was notified that this property was being sold and developed as a warehouse facility with 18-wheelers and commercial vehicles. It sent a statement to KXAN responding to the ruling.

We respect the Court’s temporary decision. We look forward to a full presentation of the evidence. We are confident the court will ultimately reach the right result.”

WS-COS

The next hearing date for this case is scheduled for Nov. 12.

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