Foes claim victories in land dispute

McKinney: City, Fairview find positives in judge's ruling
 

10:53 PM CDT on Wednesday, June 15, 2005

By ROY APPLETON / The Dallas Morning News

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McKinney and Fairview are claiming victories of sorts in a land dispute that still lacks a resolution.  Longtime foes over Collin County Regional Airport, the neighboring cities broadened their fight to boundaries and annexations in a lawsuit filed five years ago.

In a ruling Tuesday, state District Judge Betty Caton gave some clarity to the conflict, deciding that Fairview was indeed legally incorporated in 1958 and that a McKinney land annexation that year was valid. That annexation set the stage for future growth toward Fairview.  But the judge left a portion of the cities' mutual border in question. And she reserved judgment on whether Fairview can legally annex 200 acres it owns just south of the McKinney-owned airport.

Fairview bought the land near FM546 and County Road 317 in 2002 and annexed the property later that year in part "to give us some say on how property south of the airport is developed," Mayor Sid Israeloff said Wednesday. McKinney contends the annexation was illegal because the property lies in its extraterritorial jurisdiction – land McKinney has targeted for annexation of its own. Fairview has plans too and last year zoned the 200 acres for a park and residential and retail uses despite McKinney leaders' opposition. "Let them build parks and commercial. That's fine," airport director Ken Wiegand said before the land was zoned. But residential development near the airport runway would be irresponsible, he said.

The airport's plans for a new 8,000-foot runway wouldn't be affected, Mr. Wiegand said, yet residential construction could in time influence airport expansion. Fairview has complained for years about noise from aircraft flying over the town, which has tried to preserve a rural atmosphere in the midst of Collin County's explosive growth. Some critics say the airport is a disruptive waste of money, but supporters defend it as crucial to the area's transportation system and economic development.

The cities' dispute hit the ground in 2000, when McKinney filed suit claiming some of Fairview's annexations had been an illegal invasion of its territory. Fairview countered that McKinney had no control over the property because its claim was based on a flawed annexation of neighboring land in 1958.

Judge Caton first sided with Fairview but later changed her mind and in March 2002 ordered a new trial after ruling that a mere "scrivener's error" could have caused the problem: an incomplete description of the annexed property's boundary.

McKinney officials last year said Fairview had agreed in mediation to a boundary between the cities and limited development of Fairview-owned land near the airport. Mr. Israeloff said a deal was never done. This week, in upholding McKinney's 1958 annexation, the judge also asked the cities to agree on a boundary near Fairview's disputed annexations. A hearing is scheduled for Aug. 24.

McKinney City Attorney Mark Houser said the judge's latest ruling makes Fairview's annexations illegal. Mr. Israeloff disagrees. By asking for a boundary accord, the judge "left it up in the air," he said. "If we can't come to an agreement, she will have to decide whether McKinney's ... claim will invalidate Fairview's annexations."