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The original item was published from 6/27/2025 2:01:00 PM to 7/12/2025 12:00:05 AM.

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Posted on: June 27, 2025

[ARCHIVED] A Letter from County Judge Frank New

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Rockwall, TX-June 28, 2025 - Rockwall County was sued by DMDS Land Company LLC (“DMDS”) and D.R. Horton-Texas, Ltd. (“DR Horton”), in Rockwall County state district court on June 12, 2025. DMDS owns approximately 1,867 acres of land in an unincorporated area in southern Rockwall County near McClendon-Chisholm.  DR Horton has entered into a contract to purchase that property for a residential development known as “River Rock Trails” and has submitted preliminary plats to Rockwall County to develop 418 homes on approximately 85 acres in two phases.

The lawsuit challenges Rockwall County’s efforts to require DR Horton to pay its share of the costs of county infrastructure improvements needed to serve its development.  Among other things, the lawsuit asks the court to declare that Rockwall County cannot require DR Horton to pay the portion of those infrastructure improvement costs for its development as required by Rockwall County.   The County contends that Section 232.110 of the Texas Local Government Code expressly allows the County to require DR Horton to pay its share of the costs of county infrastructure improvements needed to serve DR Horton’s development.  

It is important to understand the facts behind the lawsuit.  In November 2024, DR Horton requested Rockwall County to determine the amount the County would charge it for the county infrastructure improvements needed to serve its development under Section 232.110 of the Local Government Code.  Rockwall County staff provided the requested determination to DR Horton in December 2024.   DR Horton then sent a letter appealing that determination to the Rockwall County Commissioners.  In its appeal letter, DR Horton stated that for roads it “will pay $157,948.95 with Phase 1A and $180,918.80 with Phase 1B …”; and for police (sheriff’s deputies), it “will pay $264,712 within ten (10) days after Commissioners Court approval of the final plat for each phase … .”

After hearing DR Horton’s appeal as provided by law, the County Commissioners Court issued an order in which the Court accepted DR Horton’s offers in its appeal letter to pay the apportionment fees for roads and law enforcement.  The Commissioners Court’s order also stated that the County would not require DR Horton to pay the amounts previously required by County staff for other county infrastructure improvements, such as for schools, for the portions of the property that DR Horton has applied to plat.

DR Horton and DMDS sued Rockwall County despite the County’s agreement to the prior proposal by DR Horton to pay its share of county infrastructure improvements for roads and law enforcement needed to serve its development.   

Rockwall County will vigorously defend itself against the claims alleged in the lawsuit.

Frank New, Rockwall County Judge


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