Buda land use change referendum, 2009

Not on Ballot
This measure was not put on an election ballot

A Buda land use change referendum did not appear on the November 3, 2009 ballot in Hays County for voters in the city of Buda. BudaFirst.org, a group that spearheaded the referendum effort, submitted a petition for referendum.

The ballot measure would have reversed a city council-approved land use change allowing US Foodservice to establish themselves in the eastern part of the city. The city's attorney stated in July 2009 that the decision was not up for referendum. The BudaFirst.org group advanced the petition.

The group collected more than the required 670 signatures. The original count was close to 1,000, but some of those signatures were reportedly from individuals living outside of the city limits.

Legal action

The Buda City Council voted to reject the petition in a 6-1 decision on September 15, 2009. As a result, the measure was not included on the November ballot. According to the city council, their decision was formed based on the advice of their attorneys, stating that the city charter did not allow such referenda. BudaFirst.org member David Patterson said that the group planned to file a lawsuit against the city, “They want to use taxpayer money to fight us, when our Texas Constitution says we can put it on the ballot.”

As of November 24, the court ruled that the city was allowed to make the decision because it was within their extraterritorial jurisdiction and was not legislative in nature. BudaFirst.org group members stated their intention to appeal the decision.

In March 2010, The Texas Supreme Court ordered the city council to respond to the charge that it illegally refused residents' petition opposing the land use change.