Lawsuit over CodeNEXT ballot language heads to Texas Supreme Court

FILE Austin City Hall

AUSTIN (KXAN) — A lawsuit filed on behalf of a man who signed the CodeNEXT petition will be decided by the Texas Supreme Court.

The lawsuit, filed by Austin attorney Bill Aleshire for his client Allan McMurtry, calls on the court to invalidate the ballot language the Austin City Council adopted regarding the city’s land development code, called CodeNEXT.

McMurtry was one of 31,062 people who signed a petition for an ordinance that would require a waiting period and voter approval for any changes to the code.

CodeNEXT was scrapped earlier this month after it was suggested the city stop the five-year process and try something new.

“It is becoming increasingly apparent that the CodeNEXT process, so divisive and poisoned, will not get us to a better place,” Mayor Steve Adler wrote in a city memo.

Aleshire argues changes to the ballot language were against the city’s charter.

“First, the Adler Council refused to respect the voters’ right to have their proposition placed on the ballot at all. A court ordered them to follow the Charter; so then, they fiddled with the wording to discourage interest and support in the proposition,” Aleshire wrote. “We’ve now asked the Supreme Court to order the Council to follow the Charter and fix the unlawful ballot language the Council adopted.”

CodeNEXT before Texas Supreme Court on Scribd

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