Dallas was right to question University Park request for 18 acres
Texas House speaker race is a GOP purity disaster
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The wooden welcome sign and the brick columns at the front gate are gone. So is the green ticket office where visitors would buy entry passes for Fairfield Lake State Park. In their place is a poster with a rendering of a gated golf course community by Todd Interests, the park’s new owner.
The Dallas-based developer has begun construction at the former state park and is building roads at the site. Shawn Todd, the company’s founder and CEO, said the company is spending about $1 million a month on construction.
Meanwhile, the Texas Parks and Wildlife Department — whose commissioners voted in June to allow the agency to condemn the 5,000-acre property and seize it through eminent domain — is still holding out hope that Todd Interests will agree to sell the land to the state despite months of unsuccessful negotiations.
Texans first learned the state park’s future was in jeopardy when Texas Parks and Wildlife announced that the park, in Freestone County, about 100 miles south of Dallas, was closing in February because it was on leased land and the owner was selling the property to Todd Interests.
The agency has yet to file paperwork to initiate condemnation in court.
“I can’t speak to what [Todd Interests is] thinking is at the moment, but I can say from our side that we would certainly like to come to an agreement and avoid having to move through that [court] process,” said Cory Chandler, the agency’s deputy communications director.
As required by Texas law, TPWD said it sent Todd Interests two offer letters since commissioners gave the agency authority to use eminent domain. The final letter was sent Aug. 3, and the company had two weeks to respond.
The agency did not disclose how much it offered for the land, but Chandler said it was “not any less than fair market value.” The state Legislature appropriated $125 million earlier this year to the agency for park acquisition statewide.
If the company doesn’t agree to sell, Chandler said, TPWD would need to decide whether to move forward with condemnation.
In an interview, Todd said his company purchased the land legally and he is not selling.
“The money appropriated for buying parks was from willing sellers. And we’re not a willing seller,” Todd said.
Since the purchase, Todd has held several press conferences, including one in front of the Freestone County courthouse where he said the state is abusing his private property rights.
“This is much broader than my business transaction. That’s taking people’s property,” Todd said during a radio interview in July.
David Yoskowitz, TPWD’s executive director, said in a July letter to Freestone County Commissioners that the agency “remain[s] willing to negotiate with the new property owner and optimistic for a mutually beneficial outcome.”
If Todd Interests doesn’t agree to a sale, eminent domain experts say Texas can seize the land because the property serves a public purpose as a park.
Andrew Morriss, a Texas A&M law professor who specializes in eminent domain, said the first step would be a petition for condemnation filed in a Freestone County court, which would then appoint a panel of local landowners tasked with setting a fair market value for the property. The state would have to pay that amount for the land.
Either party could appeal the valuation and leave the final decision on the price to a judge.
“In this case, it’s definitely better to be Parks and Wildlife than the developer,” Morriss said.
“Eminent domain is, in general, pretty favorable to the condemning agency.”
Welcoming more than 80,000 visitors in 2022, Fairfield Lake State Park is known for its towering elm, pecan and ash trees, as well as its lake that drew anglers trying to catch catfish, largemouth bass and other fish.
The battle over the park’s ownership has been brewing for years.
The park opened in 1976 on land the state leased from the energy company Vistra Corp. at no charge. Since then, the state said it has invested about $80 million into renovations and improvements to the park.
In 2018, Vistra shut down the coal-fired power plant it operated across the lake from the park and notified TPWD that it planned to sell the property and terminate the state’s lease.
The state hoped to buy only the 1,820 acres that included the park. Vistra, which didn’t want to sell the land in parts, said it encouraged the state to submit a bid to buy the entire property, but the state did not.
In February, Vistra announced that it planned to sell the property to Todd Interests for $110.5 million.
As visitors said their goodbyes on the park’s last day, TPWD and lawmakers at the Capitol scrambled to try to save the park.
In May, Parks and Wildlife offered Todd Interests $25 million to give up the company’s contract so the state could purchase the property directly from Vistra, but the company declined, saying in a letter to the agency that the company has “spent millions of dollars in due diligence and months of planning.”
The public battle over the land has seen Todd question TPWD’s authority to use eminent domain and accuse the chair of the Texas Parks and Wildlife Commission, Arch H. “Beaver” Aplin III — who is the founder and president of Texas-based Buc-ee’s stores — of abusing his authority.
“Buc-ee’s beavers restrooms might be clean but I’m gonna tell you this, [Aplin’s] leadership and his appointed leadership is dirty and he is absolutely wiping private property rights away in his room,” Todd said during a radio interview in July.
Morriss, the Texas A&M law professor, said Todd’s arguments “would be great arguments to make to the Legislature to change eminent domain law, but I don’t think they work as a legal argument to stop the state doing what it has the power to do.”
Freestone County commissioners have sided with Todd Interests and sent a letter in June to the state calling the use of eminent domain an “abuse of power and government overreach.”
At a meeting in July, county Commissioner Lloyd Lane said Parks and Wildlife “look[s] a little greedy” for wanting to seize the former park property. He said Todd’s proposed development could bring an estimated $20 million of annual tax revenue to the county and the school district.
“I hate for us to miss out on a tax base and I hate for us to see a violation of property rights,” Lane said at the meeting.
Yoskowitz, the TPWD executive director, responded to the letter in July, saying he was taken aback by the commissioners’ “dramatic change in position” after their initial support to save the park. He wrote that the agency’s vote to seize the land was done “reluctantly, knowing that these types of actions should be used sparingly.”
Fort Worth native Misti Little, who visited the park as a child each spring and biked along its nature trails, is now a member of the Save Fairfield Lake State Park group. She said Todd’s ongoing construction is causing environmental damage that can’t be easily repaired.
“We are concerned that [Todd Interests] is going to make it much harder for Texas Parks and Wildlife to recover from this,” Little said. “You can’t get rare prairies back or old-growth forests back. That’s the aggravating part.”
Disclosure: Texas Parks And Wildlife Department has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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Dallas Cowboys owner Jerry Jones is exploring options for a new head coach following the departure of Mike McCarthy, and one name generating buzz is franchise legend Jason Witten. Known as the best tight end in Cowboys history, Witten has long been a favorite of Jones and is being considered for the high-profile role.
McCarthy and the Cowboys parted ways after five seasons, ending a tenure that included three consecutive 12-5 records but just one playoff win. The coaching search is officially underway, and Witten’s name has surfaced alongside other contenders.
Witten, an 11-time Pro Bowler and the franchise leader in games starts, receptions, and receiving yards, has deep ties to Dallas. While his coaching experience is limited to leading a private high school team to a state championship, his leadership qualities and familiarity with the organization make him a compelling, albeit unconventional, option.
If hired, Witten would follow a path similar to Detroit Lions head coach Dan Campbell, another former Cowboys tight end. Campbell transitioned to the NFL coaching ranks after years of assistant coaching experience, a step Witten has yet to take. However, Jones has a history of making bold decisions, and Witten’s intimate understanding of the Cowboys’ culture could give him an edge.
While some question whether Witten’s high school coaching background is sufficient preparation for the NFL, Jones values loyalty and passion for the franchise, qualities Witten embodies. His connection with the Cowboys and leadership on and off the field could make him an intriguing choice to guide the team into its next chapter.
Jones’ next coach will be his ninth. The first four were first-time NFL head coaches, starting with Jimmy Johnson when Jones bought the team in 1989. The former University of Miami coach won back-to-back Super Bowls before an acrimonious split with Jones, his college teammate at Arkansas.
Three of Jones’ past four hires had NFL head coaching experience, including Super Bowl winners Bill Parcells and McCarthy. The exception was former Dallas quarterback Jason Garrett, the longest-tenured coach under Jones at nine-plus seasons.
The Cowboys have yet to release updates on the search, but Jason Witten remains a name to watch as the process unfolds.
About four minutes into the Dallas Mavericks’ recent contest against the Denver Nuggets, starting center Dereck Lively left the contest with an ankle injury.
Evidently, the Mavericks are already dealing with massive injuries to Luka Doncic and Kyrie Irving. Those two superstars lead the team and Lively is right up there as one of the more impactful players on the team.
However, just one day after the injury, Lively has already gotten X-ray updates back on his sprained right ankle, and it’s a bit of a relief for Mavericks fans. Chris Haynes provided the recent update.
“Dallas Mavericks center Dereck Lively II received an X-ray on his sprained right ankle and results were negative. No timeline established as of now,” Haynes reported.
The Mavericks are struggling to stay healthy, though doing so by April is the main goal and it’s just January. Lively has had issues remaining on the hardwood for the club in his inaugural two seasons, and it’s leaving some fans concerned.
READ MORE: Latest Timeline for Luka Doncic’s Return to Dallas Mavericks Revealed
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The Dallas city manager search has unspooled in the chaotic style we’ve come to expect from this City Council. There was the ho-hum recruitment brochure draft featuring the wrong skyline. There was the council civil war over the timeline of the search and the flow of information about candidates. And nothing says “we’ve got our act together” like eleventh-hour candidate interviews the day before Christmas Eve.
When two original semifinalists and a former Dallas city official dropped out of the race, no one was surprised.
We wish the next city manager the best of luck because no amount of talent and hard work can overcome a fundamental flaw of this search, and that is the lack of formal, measurable goals by the City Council. Our city is about to hire its CEO, but its board of directors has no metrics to set expectations or hold that person accountable for the most important job in Dallas.
If you want to understand how dysfunctional the situation is, start with the fact that the council’s appointees — the city manager, city attorney, city secretary and city auditor — haven’t had a performance review in more than two years. Our last city manager, T.C. Broadnax, had his last evaluation in August 2022. He left in May 2024. Interim City Manager Kimberly Bizor Tolbert, the front-runner for the job, hasn’t had an evaluation since her appointment last spring.
The council has hired a consultant over the years to help conduct the evaluations of its appointees. But no consultant can fix this council’s main problem, and that is its inability to come together to develop a consensus around four or five priorities and the metrics to measure progress in those areas.
Even when performance reviews for council appointees were happening, the process was broken. The council’s consultant called council members individually to solicit feedback, with the consultant identifying “themes” shared verbally with the council, and with no particular comments attributed to specific people, according to a 2022 memorandum from Management Partners, the firm hired to do the work. The city manager and other appointees were “invited” to prepare a report on their accomplishments and goals for next year, with the potential for “refinements” based on council input.
There was no written report from the performance evaluation, other than any goals reports produced by the appointees.
It’s a shockingly wishy-washy approach to evaluating an employee, let alone a C-suite executive.
And don’t expect even a veneer of transparency for taxpayers. Last year, we requested Broadnax’s goal reports and were told by the city that there were no responsive records, only to hear a council member remind her colleagues last week that Broadnax produced a memo with his goals after his last performance review in 2022. City staff failed to release this memo in response to our request. Such a document should be public under the Texas Public Information Act.
Now, on the brink of hiring its next city manager, the council is panicking about the fact that it hasn’t evaluated its council appointees in a long time and that it has no measurable goals for any of them. The council committee whose job it is to codify the annual review process can’t seem to agree on how to move forward.
Mayor Pro Tem Tennell Atkins chairs the committee. In a December meeting, he led a discussion on next steps to resume performance reviews of council appointees. Council members learned that their previous consulting firm, Management Partners, had been acquired by Baker Tilly, the company that is leading the messy city manager search. But the woman who had worked closely with the council on previous performance reviews was no longer associated with either company.
The committee gave city staff mixed signals on how to proceed. Some council members said they wanted to continue working with the previous consultant. Others asked to hear from Baker Tilly. Some said they were dissatisfied with the previous consultant or concerned about Baker Tilly and wanted to hear from other vendors. Council members said to move quickly.
By the time the council committee picked the conversation back up this month, confusion reigned. Baker Tilly prepared a presentation that described a performance review process very similar to what the council had with its previous partner. Atkins indicated that the council was moving forward with Baker Tilly using an existing contract, and other committee members pushed back. Meanwhile, an assistant city manager and an assistant human resources director couldn’t answer a council member’s simple question about when the council appointees were last evaluated.
“Yes, we are overdue for these reviews, but I think that they should be pursued seriously with the appropriate time periods involved,” said council member Paul Ridley. “I don’t think we should out of convenience select someone who is doing other work for the city at the present time.”
Council member Jesse Moreno asked whether Baker Tilly would have a conflict of interest in facilitating the performance review of an executive the firm helped hire. A representative tried to assuage Moreno, but he is right to bring that up, given that Baker Tilly would be required to conduct a new search at no cost to Dallas if the city manager doesn’t last a year. Council members should be skeptical. (Keep in mind it was Baker Tilly that produced the hiring brochure for Dallas city manager. The cover photo was a shining image of the Houston skyline.)
The council now seems poised to consider other consultants for the performance evaluations. Council members should do their due diligence instead of repeating their sloppiness for the sake of comfort.
Hire a consultant, if you must, to moderate the conversation or offer pointers, but a management firm can’t do the hard work for you.
Outgoing council member Jaynie Schultz said it best: “This problem is ours as a council. We have not done our work. And so we can try spending all of our time diverting all the problem and the blame on Baker Tilly. … The delay is us, 100% us.”
The council’s job is not to run the city but to set clear, measurable expectations for the people it hires to do that. It’s telling that council members have relied on a consultant to remind them to perform a fundamental duty.
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