A group of Simpson Lake Club residents have been vocal and persistent opponents of the MUDualistic ATV park since it was proposed over a year ago. The proposed park is adjacent to their homes at Brady Lake. Their pleas to the Brady City Council to either not allow the park to be built or to take steps to protect their property values have fallen on deaf ears or met with open hostility.

On June 25, 2012, they filed suit in 198th District Court to stop the project, contending that (among other things) the project violated existing zoning at Brady Lake. On July 24, 2012, Judge M. Rex Emerson dismissed the case on the grounds that jurisdiction lay with the local Zoning Board of Adjustment, not the District Court. The fact that the Brady Zoning Board did not have rules in place to receive the Simpson Lake Club complaint led the Judge to declare that their Zoning Board filing was timely.

In effect, this shifted the matter back to the Brady Zoning Board of Adjustment (ZBA). The most recent Minutes and Agendas on the City of Brady website indicate that the Brady ZBA last met in May, 2011. There is no readily available public record to indicate the Zoning Board has met or plans to meet, adopted rules or ruled on the Simpson Lake Club appeal. In the absence of a prompt ruling by the ZBA, it appeard the City had decided to delay while the MUDualistic project continued.

Judge Emerson's surprise Amended Ruling on Friday, August 10, will make delay more difficult for Brady City and Zoning officials. In it, the Judge left the dismissal of the ZBA claims intact but changed the outright dismissal to a stay, pending ZBA action. This means the "other things" mentioned above and any appeal that might be forthcoming can be brought before the District Court without initiating a new lawsuit. It also serves notice that Judge Emerson is still watching this case carefully.

Pertinent documents can be viewed or downloaded by clicking the following links: