March 8th, 2012: Today (3/8/12), Judge Tim Sulak entered an order that will allow Planet K to continue its temporary vending operation at the Hwy 71 location, until May 14 when trial is scheduled to begin. The City immediately filed its notice of appeal of the order to the Austin Court of Appeals.Importantly, the Court made no finding that any of the City of Bee Cave building codes or ordinances are invalid, unenforceable, or unconstitutional. The Court, at the City’s request, set the case for trial at the earliest available date so all issues can be addressed on the merits at that time. Until a trial on the merits or relief from the Third Court of Appeals, this injunction enjoins the City of Bee Cave from enforcing Plant K’s failure to obtain a temporary vending permit.While the City would have preferred for the court to deny the request for a temporary injunction, the court’s ruling in no way expands, condones, or validates the prohibited vending activities which have been taking place for several months. The City remains steadfast in its commitment to protect the health and safety of all citizens and visitors through the enforcement of its duly adopted building codes and ordinances enacted to protect community well-being and property values in and around the community of Bee Cave. The elected and appointed officials for the City of Bee Cave will vigorously defend the interests of the citizens at trial.
February 17th, 2012: On February 15th, Judge Lora Livingston issued an order that preserves the status quo pending a full hearing on the matter on February 29th. The City of Bee Cave applauds the seriousness with which the court addressed this matter, and joins the court in its desire to have a clear view of the law and facts of the case. The City of Bee Cave looks forward to its opportunity to present its side of the story, with testimony from citizens of the City of Bee Cave. The City is confident that once all facts are presented to the court, justice will prevail. Due to the pending litigation that is currently ongoing, the City has no further comment.
December 6th, 2011: The City of Bee Cave appreciates AusPro Enterprises’ removal of an individual panel of the sign that had been erected in violation of the City’s ordinances. The City would appreciate the removal of all signs that have been erected on the property owned by AusPro Enterprises in violation of the City’s ordinances. Due to currently pending litigation related to these matters, the City of Bee Cave cannot comment further.