David Rogers sued to stop an election, lost in every court, watched voters reject the annexation anyway — and then cast the only vote against ending a case that has cost the public at least $471,861.
The ESD 17 litigation ran from August 2021 to September 2024. It began with a suit David Rogers filed in his own name, failed at every level without a court ever reaching its central question, was overtaken by the election it sought to prevent, and ended with the city paying the other side's legal bills. Each stage below is sourced to the underlying record.
- Case style
- Rogers et al. v. ESD #17
- Ran
- August 2021 – September 2024
- Courts that declined relief
- Three
- Annexation outcome
- Rejected by voters, November 2021
- Settlement
- $275,000, approved 5-1
- Rogers' vote on settling
- No — only member against
- Known public cost
- At least $471,861.87
David Rogers filed it
In August 2021 a suit was filed to stop Travis County ESD No. 17 putting an annexation proposition to voters, on the ground the district had bypassed city consent. The case is styled Rogers et al. v. ESD #17 in the presentation ESD 17's counsel prepared for the injunction hearing, and Rogers sat for a deposition in it. The City Council ratified the litigation on August 18, a week after filing.
- Case style
- Rogers et al. v. ESD #17
- Filed
- August 11, 2021
- Council ratified
- August 18, 2021
Every court declined
A judge denied the temporary restraining order on August 12, 2021. The Texas Supreme Court denied mandamus. The Third Court of Appeals denied mandamus. On September 17, 2021 the case was dismissed. No court reached the question the suit was brought to answer.
- TRO
- Denied, August 12, 2021
- Texas Supreme Court
- Mandamus denied
- Third Court of Appeals
- Mandamus denied
- Dismissed
- September 17, 2021
- Merits reached
- No
Voters settled it anyway
The proposition the suit tried to keep off the ballot went to voters that November and failed — 3,769 against to 2,362 for inside Pflugerville, and 1,183 to 711 in the extraterritorial jurisdiction. The outcome the litigation sought arrived without it.
- In Pflugerville
- 3,769 against — 2,362 for
- In the ETJ
- 1,183 against — 711 for
- Result
- Annexation rejected
What it cost
Monthly legal summaries from the city's outside counsel, produced under a Public Information Act request, carry line items coded to the ESD 17 matter totalling at least $196,861.87 between August 2021 and June 2022. Those records stop in September 2022 while the case ran to 2024, and several months show the line item with the amount withheld — so the figure is a floor. Added to the settlement, the known public cost is at least $471,861.87.
- City's own counsel, Aug 2021 – Jun 2022
- $196,861.87 (floor)
- Paid to ESD 17 in settlement
- $275,000.00
- Known public cost
- At least $471,861.87
- Billing not covered
- July 2022 – September 2024
David Rogers voted alone against ending it
The case ran three more years. On September 10, 2024 the Council voted 5-1 to settle by paying the district's accrued attorney fees of $275,000. Rogers was the only member opposed.
- Settlement vote
- 5-1, September 10, 2024
- Rogers' vote
- No — only member against
What this does not assert
- does not allege any violation of law
- does not allege misconduct by anyone involved
- does not allege the councilmember acted for an improper purpose
- does not allege the councilmember directed or approved any individual invoice
- does not allege the lawsuit caused or affected the election result
- does not allege the legal theory was wrong — no court reached the merits
- does not allege the legal work was unnecessary, overbilled, or improperly performed
- does not allege the suit was frivolous or brought in bad faith
- does not allege the underlying legal theory was wrong — the court did not rule on it
- does not allege the vote against settling was unlawful or improper
- does not allege the vote was unlawful or improper
- does not claim the election outcome was foreseeable when the suit was filed
- does not claim the election result was knowable when the suit was filed — the criticism is of continuing the case for three years after it was dismissed, not of filing it
- does not state the councilmember's reasons for opposing the settlement
- several monthly summaries show the ESD line item with no amount visible; the requestor reports these productions arrive with redactions and incomplete rows and columns, so a blank cannot be read as a zero
- the $275,000 is ESD 17's fees only; what the city spent on its own counsel is not included and is not known
- the case style comes from the opposing party's hearing presentation, not from a certified court record
- these procedural facts are recorded in the opposing party's presentation and have not been confirmed against court records
- these were unofficial election-night totals as reported
- this entry is opinion, not a factual assertion about the councilmember
- this is a floor, not a total — billing after June 2022 is not covered by these documents
Sources
- Pflugerville ratifies lawsuit blocking ESD 17 annexation election — Community Impact, August 19, 2021
- Temporary injunction hearing presentation, September 9, 2021 — Slide deck prepared by counsel for Travis County ESD No. 17 — an advocacy document by the opposing party, not a court finding
- Judge: Pflugerville lawsuit attempting to prevent ESD 17 annexation election gets dismissed — Community Impact, September 17, 2021
- Voters turn down Travis County ESD 17 annexation of Pflugerville area — Community Impact, November 2, 2021
- Pflugerville City Council votes to settle lawsuit against ESD No. 17 — Austin American-Statesman, September 20, 2024
- Monthly legal services summary, August 2021 — Denton Navarro Rocha Bernal & Zech, invoice 42160 — PIA production
- Monthly legal services summary, September 2021 — Denton Navarro Rocha Bernal & Zech, invoice 42185 — PIA production
- Monthly legal services summary, November 2021 — Denton Navarro Rocha Bernal & Zech, invoice 43164 — PIA production
- Monthly legal services summary, December 2021 — Denton Navarro Rocha Bernal & Zech, invoice 43306 — PIA production
- Monthly legal services summary, February 2022 — Denton Navarro Rocha Bernal & Zech, invoice 43581 — PIA production
- Monthly legal services summary, March 2022 — Denton Navarro Rocha Bernal & Zech, invoice 44152 — PIA production
- Monthly legal services summary, May 2022 — Denton Navarro Rocha Bernal & Zech, invoice 44465 — PIA production
- City, county leaders ask voters not to strip funds from Pflugerville Fire Department — Austin American-Statesman, 21 October 2024