Evidence heard as residents request injunction in Harlingen annexation case

BROWNSVILLE - A judge is considering evidence showing city officials told residents the commission's super-majority vote would be required to rezone land for a proposed subdivision they claim would develop small lots creating congestion which could pose safety risks.

In Cameron County's 138th state District Court, Judge Gabriela Garcia presided over a Tuesday hearing to consider residents' request for an injunction more than two months after commissioners' cast split votes to annex a 35-acre tract based on a request by Melden & Hunt Inc. and Leonard P. Simmons and Mary Beth Simmons.

Meanwhile, City Attorney Mark Sossi has requested Garcia dismiss the case, arguing the court lacks legal authority to render a decision.

On May 8, Garcia may decide the case.

"The Horseshoe Point zoning ordinance did not receive super-majority votes on either first or second reading by the Harlingen City Commission as required by Texas Government Code Section 211 and failed to pass or be approved," residents argued in their request Garcia void a new city commission ordinance re-zoning a 35-acre tract planned as the site of a 355-home subdivision southwest of South Ed Carey Drive, claiming the city "also violated its own city zoning ordinances."

During the hearing, plaintiffs including residents of the Waters Edge subdivision presented city notices showing officials told them the tract's proposed rezoning would require a super-majority vote.

"A petition submitted in opposition signed by 20% of the property owners in the 200-foot radius triggers a super-majority vote by the city commission to approve the rezoning request," the Planning and Zoning Department stated in a notice to area residents.

At City Hall meetings in February, residents spoke out during public comment periods, concerned the proposed 355-lot subdivision, that would include 32-foot-wide streets leading to an entry and an exit, would restrict fire trucks in the area while new construction would open existing neighborhoods to flooding.

"Generally speaking, (the state) requires zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to … lessen congestion in the streets; secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; or facilitate the adequate provision of transportation, water, sewers, schools, parks and other public requirements. This particular zoning change being challenged fails to accomplish any of this."

The entrance to the Water's Edge subdivision on Ed Carey Drive in Harlingen is seen on Wednesday, April 1, 2026. (Mark Reagan | Valley Morning Star)

During a Feb. 4 meeting, residents argue Sossi and Mayor Norma Sepulveda stated the rezoning request didn't require a super-majority vote.

"Upon a member of the public noting, out loud, that the measure did not pass because it required five or six commission members for a super-majority, the city attorney issued an oral ‘opinion' that this was a simple annexation and did not require a super-majority vote," the residents state in their request. "The mayor chimed in with what appeared to be her own legal analysis, noting that she was familiar with super-majority votes and this was not required."

Last month, Sepulveda stood by the commission's actions, arguing "the city acted properly, within the full scope of its legal powers and in faithful discharge of its obligations to the residents it serves. The suggestion that the city's conduct was in any way unlawful is without merit and the city rejects it entirely."

Meanwhile, Sossi argued "the city acted lawfully and within its authority in all respects. The allegations in the TRO are without merit, and there is no legal basis for the relief sought."

During commission meetings, the proposed Horseshoe Point subdivision was described as a planned 90-acre tract made up of 355 homes, including 6,143 square-foot homes, 8,000 square-foot homes and 11,000 square-foot homes, with prices ranging from $300,000, $370,000 and $530,000.

Construction could begin as early as May while the developer plans to complete the subdivision in 2035.

The proposed subdivision would generate about $1 million a year in property tax revenue for the city, a developer's representative told commissioners during a Feb. 4 meeting.

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