The Galveston County Daily News

FRIENDSWOOD —The city cannot move forward with plans to issue certificates of obligation without voter approval to buy park land outside of the city limits, a Travis County judge has ruled.

Judge Scott Jenkins of the 53rd District Court signed an order Friday ruling in favor of five residents, who have dubbed themselves the Friendswood 5. The residents fought the city’s plans, which they said violate the city’s charter.

“It is a victory for Friendswood and a victory for taxpayers everywhere,” Janis Lowe, a member of the Friendswood 5, said.

Monday afternoon that city still argues the judge ruled it cannot issue certificates of obligation to buy park land, but the ruling does not prohibit the city from using other revenue to buy land outside its city limits.

But late Monday, Smith said the city could not buy the park land in Alvin.

The city has yet to officially vote on the future of the park land. Smith is seeking clarification on the ruling. Jenkins is out of the office until Wednesday.

The city wanted Jenkins to validate its plan to issue $11 million in certificates of obligation, in part to buy 60 acres for a ballpark in Brazoria County. The city also wanted to use the debt to finance improvements to its animal shelter, records center and city streets.

The Friendswood 5 have argued that a 1997 charter amendment prohibits the city from issuing debt without voter approval except in an emergency or for urgent public need. They also disagree that the city can purchase land outside of city limits.

Because the city lost, Friendswood now must pay all court costs.

It’s not yet clear whether the city will have to pay any penalties associated with terminating a contract the city signed in September to buy land in Alvin.

Those penalties exceed $1 million, the city estimated.

Smith said Jenkins’ ruling brings clarity but does not solve the city’s problem of having a limited amount of ballpark space for children who play softball and baseball.

“It limits us to what our choices are,” Smith said.

The conservative nonprofit group Americans for Prosperity, which filed court documents backing up the Friendswood 5, applauded the judge’s decision.

“The Friendswood 5 are heroes of the taxpayer,” Peggy Venable, Texas director of the foundation, said in a statement. “They challenged city hall, endured multiple attempts to have their voices silenced and set an example for oppressed taxpayers everywhere.”