TO KEEP YOU INFORMED: 3/17/2011
LAWSUIT REGARDING OPERATION OF A COMMERCIAL KENNEL:
Based upon complaints from numerous Eagle Landing residents, the ELHOA Board investigated the situation and sent a “cease and desist” letter to Mrs. Dale Lyles for operating a “commercial kennel.” Her operation is specifically prohibited by Eagle Landing’s Declaration of Covenants, Conditions and Restrictions for Eagle Landing, Inc. (“Deed Restrictions”). In response to this letter, Mrs. Lyles filed a lawsuit claiming harassment. A response to her suit was required by law to protect our personal property and the enforceability of our Deed Restrictions. The ELHOA Board contacted our attorney who advised filing a countersuit based on Mrs. Lyles continued violation of the Deed Restrictions and a request for reimbursement of legal fees.
Settlement offers and counter-offers were made by both Mrs. Lyles and the ELHOA Board in an attempt to settle the suit out of court, but no offer was acceptable to both parties. A trial was held on Thursday, March 10, 2011 in Linden. We are awaiting the Judge’s ruling which should be rendered within the next few days or weeks. We will publicize the Judge’s ruling as soon as it is received. At the trial, Mrs. Lyles finally admitted she was operating a commercial kennel in violation of the Deed Restrictions.
RESPONSE TO INSPECTION OF THE EAGLE LANDING DAM BY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (“TCEQ”):
The Simpson Lake Dam (“Eagle Landing Dam”) was originally constructed in 1956 and designated by the TCEQ as a “low-hazard” dam under the Texas Administrative Code (TAC Section 299 – Dams and Reservoirs). Regulation of the Dam Safety Program by the TCEQ was authorized by the Texas Legislature. The Eagle Landing Dam has been inspected only once in 1976.
In 2009 a revision to the Texas Administrative Code added certain types of roads as a factor in determining hazard classification. The 2009 revision was prompted by the failure of several small- to intermediate-sized dams within Texas. This revision changed the classification of Eagle Landing Dam from “low-hazard” to “high-hazard” (30 TAC Section 299.13), mainly due to the size of our lake and the downstream effects should the dam fail. This re-classification now requires Eagle Landing Dam to have an Emergency Action Plan in case of dam failure. The June 10, 2010 inspection of the Eagle Landing Dam by the TCEQ was a result of the classification change to the Texas Administrative Code and not a result of any action by the ELHOA Board. The ELHOA Board is in the process of retaining an engineering consultant to respond to the TCEQ’s Inspection Report.