ROCKWALL COUNTY, Texas — A district judge has ruled in favor of Rockwall County in its ongoing legal battle with D.R. Horton, allowing the case to move closer to trial and setting up what county officials say could have broader implications across Texas.
The dispute centers on whether the county can require the nation’s largest homebuilder, D.R. Horton, to help pay for infrastructure improvements tied to planned housing developments.
Rockwall County Judge Frank New described the county’s unique constraints.
“We’re the smallest geographic county in the state of Texas: 12 miles by 12 miles,” New said.
D.R. Horton sued after the county demanded the developer contribute to infrastructure costs associated with plans to build thousands of homes in the rapidly growing area.
“Come in and participate, be a good neighbor, and it’s quite that simple. And, unfortunately, we have a developer who is not willing to be a good neighbor,” New said.
For years, New has opposed the expansion of municipal utility districts, or MUDs — state-approved developments that counties have limited authority to regulate.
“That fundamentally changes our counties in ways that we can’t recover from,” New said.
Residents have also raised concerns about the developments.
“Cause they go outside of the ordinances of the limits of what they’re supposed to be doing. It’s impossible to plan for these,” said McLendon-Chisholm resident Bob Steinhagen.
After unsuccessful attempts to address the issue at the state level, New said the county turned to the courts, citing Texas Local Government Code Section 232.110 as the basis for requiring developers to share infrastructure costs.
“And to build a safe development, a development where you have water and you can put out a fire is not asking too much,” New said.
The 382nd District Court recently denied D.R. Horton’s motion for partial summary judgment, meaning some issues raised in the lawsuit will not be resolved before trial.
“We do have the authority to apportion infrastructure,” New said.
D.R. Horton did not respond to a request for comment on the ruling or the ongoing litigation.
With the motion denied, both sides are now preparing for trial.
“I’m looking forward to our day in court,” New said.