Help Us Protect the Character of Our Neighborhood

Circle D Country Acres, Section 2 was created in 1969 as a large-lot subdivision. The smallest original lot was 3.9 acres, and for more than 50 years, that scale and character have defined the neighborhood—its rural feel, its trees and wildlife, and the expectations homeowners relied on when they chose to live here.

In May 2025, that character was put at risk.

At the Circle D Annual Board Meeting, John Burns, a Section 2 property owner and real estate developer, presented plans to subdivide more than 38 acres into twenty one-acre lots. This proposal directly conflicts with the deed restrictions that apply to every property in Section 2—restrictions that prohibit lots smaller than 3.9 acres.

For many of us, this was not an abstract concern. We bought our homes believing the existing deed restrictions would preserve the neighborhood we were investing in—not just financially, but as a place to live.

Our Community Spoke Up

In June 2025, owners from 42 separate lots in Section 2 signed and submitted a formal petition to the Circle D Civic Association, voicing strong opposition to the proposed subdivision and asking that the deed restrictions be upheld.

After reviewing the application and consulting legal counsel, the Board denied the development request in September 2025.

The Developer Chose to Proceed Anyway

Shortly after the denial, Mr. Burns—through his attorney—notified homeowners that he intended to proceed with the subdivision regardless.

At that point, we were left with no real choice.

To protect the neighborhood and preserve the status quo while the legal questions could be properly resolved, we filed for a temporary injunction in Bastrop County District Court. That hearing took place in November 2025.

After reviewing the evidence, the judge granted the temporary injunction, temporarily stopping the subdivision while the dispute moves forward.

The Fight Isn’t Over

Almost immediately, Mr. Burns filed an appeal, which is now underway. Once the appeal is resolved, the case will likely proceed to a full trial to determine the final interpretation of the deed restrictions that govern Section 2.

This is no longer a short-term issue. It has become a complex legal process involving appellate briefing, case law research, and—potentially—a trial on the merits.

Why We’re Asking for Help

This effort is being funded entirely by neighbors. To date, we have covered legal costs associated with:

Our attorney’s most recent appellate brief alone spans 32 pages and required careful analysis of decades of Texas case law, as well as a detailed reconstruction of the history and intent of our plat and deed restrictions.

How Your Support Helps

Every contribution goes directly toward:

This case isn’t just about one development proposal. It’s about whether long-standing deed restrictions mean what they say—and whether a community can rely on them.

Thank you for taking the time to read our story, for caring about Section 2, and for any support you’re able to offer.