In spite of protests by special interests including failed attempts to sue the Town, the Town of Flower Mound implements a Building Permit Approval-specific moratorium to study the infrastructure crises due to unmanaged growth, continuous Master Plan Amendments  and lack of long term planning.  Unfortunately, the rapid pace of development over the next few years continued due to building permits already approved before the Moratorium.  Special interests were not concerned about Flower Mound's infrastructure crisis. 

                                                                HIGHLIGHTS OF THE RULING  

          1) The municipality has the right to enact a moratorium for a certain amount of time.

          2) The municipality has the right to enact a growth management plan.

          3) Because it is a home-rule municipality, the Town may exercise any governmental power that the legislature has not withheld from it.

           4) The legislature has not limited the Town’s authority in this regard as long as there is due process

           5) It is not considered a “takings” if a) it denies a landowner all economically  viable use of the property and b) unreasonably interferes with a landowner’s right to use and enjoy the property.   Only a court judgment can make that determination. 

           6)  court may find that the Town’s desire to ensure the Town’s “long-term economic health” (Ordinance No 2-99) constitutes a legitimate state interest and that restricting residential development (not non-residential) is rationally related to this interest.)

NOTE:  In 2003 the Town successfully defended itself against an attempted lawsuit by large landowners in the Cross Timbers Conservation Development District (Wilson/Smith/Bunn) that tried to portray a prejudicial and takings scenario).