Legal Update
Legal Update
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 (the ruling is 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." The ruling affirms the authority the POA has asserted that it has always had and was the reason for the complaint in 2020.
AVPOA Appellee - MSJ Appeal
On March 18, 2025, Charles Glen Hyde, Candace Hyde, Dreamships, Inc., Hyde-Way, Inc. and Texas Air Classics, Inc. (“Defendants”) filed a Notice of Appeal of the December 18, 2024, final judgment. On February 27, 2025, Defendants filed a motion requesting the trial court to set an amount for a supersedeas bond to suspend enforcement of the final judgement pending appeal.
On April 15, 2025, a hearing was conducted in the 431st District Court on Defendants' motion for Supersedeas. Judge Johnson set a monetary amount of $70,000 for a supersedeas bond. The purpose of the bond is to protect the POA against loss or damage that might be caused while the appeal is pending, which may be approximately two years or so. The ruling is available HERE.The Defendants posted the bond on May 13, 2025.
From our appellate Attorney Jeremy Martin:
With the posting of the bond, the court ruled that enforcement of the final judgment including collection of attorney’s fees of $107,317.67 are stayed.
What does this mean? It does not mean the final judgment has been reversed, only that its enforcement is stayed until completion of the appeal. The final judgment remains in place unless and until it is reversed on appeal. It means we maintain our legal position that the POA has always had, the authority to Govern, Manage and Operate the airport—the authority that was affirmed on May 11, 2023.
The Second Court of Appeals has established a deadline of May 19, 2025, for the submission of Defendants’ Appellate Brief. The court has since granted the Defendants an extension as was anticipated and expected as a matter of courtesy between Lawyers and is now due June 18, 2025. Our brief will be due 30 days after Defendants file their brief. As soon as the Defendants’ brief is posted by the court, it will be available on this site.
Deed Restriction Enforcement
The AVPOA board has engaged with Meyers and Manning to assist with any action needed to assist as needed with deed restriction enforcement. The following is a summary of current actions:
Deed Restriction Violations
AVPOA Plaintiff - Cease and Desist - Shipping Containers Outside of Hanger on Taxiway - Petition for Injunction to be filed shortly.
Assessment Collections
AVPOA Plaintiff - Litigation: 2 in progress.
1 awarded, currently being appealed, Appellant's brief due date extended.
1 trial continued to 06/17/25, currently working to schedule hearing for MSJ,
Legal Demand Letters
28 Demand Letters sent out 4/21/25.