Legal Update
Legal Update
The wheels of justice grind slowly.
On May 11, 2023, the 16th District Court of Denton County issued the highly anticipated ruling involving the POA's legal action against Hyde-Way Corp. (Et al.) over the governance of Aero Valley Airport. The court ordered (legal ruling available here ) that the POA's Motion for Summary Judgement is GRANTED, and the Court declared that "The POA Board has the exclusive authority to govern, operate and manage Aero Valley Airport" and "The POA Board's authority extends to all runway access and use easement holders." and "AVDCO's restrictions apply to all runway access and use easement holders." and "AVDCO's restrictions apply to all lots formerly owned by Edna White."
THAT IS THE CURRENT LAW OF THE LAND. Don't let ANYBODY tell you differently!
On October 3, 2023, the POA filed a motion with the trial court for reimbursement of attorney fees. After motions, scheduling, rescheduling, etc., the Denton County 16th District Court issued its' order on December 18, 2024. The court awarded the POA the amount of $107,317.67. That ruling is available here.
On March 18, 2025, the defendant Hyde-Way filed a Notice of Appeal with the 16th District Court. As of this writing, the Appellate Brief has not been filed with the Texas 2nd Court of Appeals. When it becomes available, the brief will be available on this site.
On April 15, 2025 a hearing was conducted in the 431st District Court to set the Supersedeas Bond during the appeal of the 16th District Court's trial decision. The purpose of a Supersedeas Bond is to protect the interests of the prevailing party (the POA) during the appeals process. Judge Johnson (431st District Court) set a monetary amount $70,000 to be posted by the appellate (Hyde-Way), in order to proceed with his appeal. The ruling is available here. Note that the court also ruled that the enforcement of the final order is stayed (frozen, i.e. pending the posting of the bond, the collection of the $107k is stayed and POA actions based on 05-11-2023 are also restricted.) THIS DOES NOT OVERTURN, REVERSE OR MODIFY THE TRIAL COURT'S RULING! A District Court CANNOT overturn the ruling of another District Court. PERIOD! DO NOT LET ANYBODY TELL YOU OTHERWISE! It simply holds in place the parties modifications to the govern, operate and management of the airport during the appeals process. In the simplest terms, it admonishes the parties to "play nice" during the appeals process.
Subsequently, the Second Court of Appeals has established a deadline of 05/19/2025 for the submission of the Appellate Brief by the appealing party (Hyde-Way). As soon as the brief is posted by the court, it will be available on this site.
Separately, the POA BOD is pursuing collection of past due assessments following Texas Statute guidelines as recommended by our legal counsel. The Texas Property Code, Section 209 is available on this site. The BOD has retained a firm that is not only experienced in collection of past due association assessments but is very aggressive in its' approach. On November 21, 2024, the 467th District Court issued a default judgement against a delinquent property owner in the amount of $20,646.77. That ruling has been appealed and is currently in the Texas 2nd Court of Appeals.
On February 19, 2025, the defendant in this default ruling filed a Notice of Appeal. When available, the Appellate Brief will be available on this site.
The POA is also pursuing another delinquent owner in the 467th District Court. The next scheduled event is the final hearing on June 17, 2025.