Abbott seeks injunction against West Texas speculator

Drew Smith Oct. 22, 2008, 2:35pm

Greg Abbott (R)

AUSTIN, Texas (Legal Newsline) -- Texas Attorney General Greg Abbott has filed an enforcement action today against a Nevada-based online real estate speculator for unlawfully selling land in West Texas.

Abbott claims Brian F. Quilty offered land through his company,, but did so without filing the necessary plats in local county offices.

According to the Local Government Code, Quilty was required to obtain plat approval from the Hudspeth County Commissioners Court before subdividing two tracts of land into approximately 3,000 residential lots.

In addition, he also failed to financially guarantee that state-approved water and sewer services would be installed on the properties. Such guarantees are mandatory for residential subdivisions within 50 miles of the Texas-Mexico border, otherwise known as colonias.

Abbott is seeking an injunction that would compel Quilty to comply with the anti-colonia laws and install compliant water and sewer systems. The alternative sentence would the refunding of each lot purchaser.

Abbott is also seeking civil penalties of up to $15,000 for each lot that was found to be in violation of the law.

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