Judge dismisses Oak Shores Assn. lawsuit against county seeking road maintenance

By BARBARA GREEN

District Judge Jack McGaughey on Dec. 12 signed a final order in the Oak Shores Property Owners Association vs. Montague County lawsuit dismissing it for a lack of jurisdiction.
The property owners have been trying to force Montague County Precinct Four Commissioner Bob Langford to maintain the streets and roads within the subdivision; however, Langford and the county have said the roads were never dedicated and have never been maintained.
Oak Shores homeowners filed suit against the county in May claiming the county commissioners accepted the subdivision plat and there had been discussions about dedicating the roads to the county and county providing maintenance.
In a preliminary order issued on Nov. 15 McGaughey directed Robert Bass, representing the county, to prepare an order of dismissal citing several reasons, but in essence it was dismissed for a lack of jurisdiction.

Read the full story in the mid-week News.

2 Comments on Judge dismisses Oak Shores Assn. lawsuit against county seeking road maintenance

  1. Left out of this article is the very proof that Oak Shores Subdivision play was accepted on 8/13/73 and that the roads were, in fact, dedicated to the County. There were sixteen other Subdivisions accepted in the same manner as Oak Shores. How do you explain that? Proof provided by court documents of all of this.

    • Commissioners and Judge refused to place this issue on agenda for discussion. Langford had argued that Oak Shores was the same as Nocona Hills which was “Private Roads; Private Maintenance” which was proven false. Langford argued two-year restriction on road map which was false. Langford argued that a record of acceptance had to be filed in order to show acceptance of roads. This was false in 1973. Langford argued that roads had to meet prescribed specifications that met county had set. No official regulations adopted to set standards until after 1985. These are just a few of the arguments presented to prove our position.

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