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    Property Rights Victory

    Carrollton homeowners win court battle against real estate magnate Henry Billingsley

    Claire St. Amant
    May 1, 2014 | 8:35 am

    A group of Dallas-area homeowners are fighting back against acclaimed developer Henry Billingsley in a court battle that could end up in the Texas Supreme Court.

    Billingsley wanted to transform Air Park Estates, a Collin County aviation-centered residential community, into a mixed-use development called Willow Park Village. But the way he went about it is now under heavy scrutiny. Air Park Estates homeowners scored a significant victory in the Dallas Court of Appeals earlier this month, when Justice Michael O'Neill ruled that the decision to close the residential airport was unconstitutional.

    Billingsley wanted to transform Air Park Estates, a Collin County aviation-centered residential community, into a mixed-use development.

    In the 1980s, Billingsley began buying neighborhood lots and eventually controlled 75 percent of Air Park properties. He took over the zoning committee in 2003 and promptly brought his wife and other Billingsley family associates into the fold.

    In 2007, Billingsley began the process to have the Air Park land annexed and rezoned. Then he lobbied to get a strict ordinance regulating the airport passed. The private airport had operated freely since its founding in the 1960s by David Noell and his father, Milton.

    The new requirements included mandatory insurance policies and the hiring of an accredited airport manager. Violating the newly established ordinance was grounds to close the airport and demolish the air park.

    As owner of the land, Billingsley had the responsibility to make the changes. What he didn’t have was the motivation. When Air Park homeowners such as David Noell tried to remedy the situation, the city told them they weren’t the airport owners and therefore could not act on its behalf. That’s when the Noell and other homeowners filed suit against Billingsley and the city.

    While the case was pending, Carrollton’s property standards board voted 5 to 4 to close the airport unless all the violations were remedied “by the owner” within 30 days. The homeowners responded by adding the board to their lawsuit.

    At trial, the jury sided largely with the homeowners, determining that the ordinance to regulate the airport was valid, but the order to close it wasn’t.

    "The jury found, among other things, that Billingsley and the Zoning Committee breached their fiduciary duties to homeowners," the court of appeals ruling reads. In other words, a property owner can’t refuse to maintain a building and work to have it shut down in order to use the same land for a more lucrative purpose.

    The jury’s verdict meant Billingsley and Carrollton had to foot the bill to repair the airport and make things right with homeowners. The jury awarded $2 million in damages.

    "Not only did a government — the City of Carrollton — try to seize private homes and property at the behest of a private developer, it attempted to do so without paying for it," said Air Park Estates attorney Chris Kratovil, calling the court of appeals opinion "a significant victory for state property rights."

    Now that Billingsley has exhausted his district appeals, it's likely he'll go all the way to the Texas Supreme Court, setting up one more David-versus-Goliath battle in a case 30 years in the making. Billingsley has until May 24 to file a petition for review. Calls and emails to Billingsley's attorney, Ken Carroll, were not immediately returned.

    "We do not anticipate that the Texas Supreme Court will alter the legal conclusions reached by the Court of Appeals, as those conclusions are well grounded in Texas law," Kratovil said. "Unless and until the Supreme Court holds differently, the opinion of the Dallas Court of Appeals is the law and all parties — including Mr. Billingsley and the City of Carrollton — are obligated to abide by it."

    Air Park Estates is a Collin County aviation-centered residential community.

    Air Park Estates home
    Photo via KW.com YouTube
    Air Park Estates is a Collin County aviation-centered residential community.
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    Housing market trends

    Dallas-area housing market tilts toward buyers as mortgage rates climb

    Associated Press
    Apr 6, 2026 | 2:18 pm
    Home for sale house for sale
    Courtesy photo
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    The economic fallout from the war with Iran is driving up the cost of buying a home, even as other housing market trends in many parts of the country favor home shoppers this spring.

    Mortgage rates have been rising since the war began, as surging energy prices heighten worries about higher inflation, pushing up the yield on U.S. 10-year Treasury bonds, which lenders use as a guide to pricing home loans.

    As recently as the last week of February, the average rate on a 30-year mortgage dropped to just under 6%, its lowest level in more than three and a half years. It climbed this week to 6.46%, its highest level in nearly seven months.

    The conflict is also injecting more uncertainty into the U.S. economic outlook at a time when the job market is sputtering.

    While rates are still down from a year ago, their recent upward trend has already led to a slowdown in mortgage applications. Further increases threaten to put a damper on home sales during what’s traditionally the busiest time of the year for the housing market.

    “The war in Iran has seriously complicated the spring buying season,” said Joel Berner, senior economist at Realtor.com. “I expect that many buyers will be put off by rising rates and mounting economic uncertainty, choosing to bide their time rather than jumping on board for a purchase before rates go up.”

    Home shoppers who can afford to buy at current mortgage rates this spring are likely to find a more buyer-friendly housing market than this time last year. That means they'll have more leverage when negotiating with sellers, who in many cases are watching their property go unsold for weeks, potentially making them more willing to lower their initial asking price or offer buyers money for closing costs, repairs or other concessions in order to get a deal done, real estate agents say.

    In the Dallas-Fort Worth metro area, lower listing prices and more homes on the market are forcing many sellers to price their home more competitively or consider offering some incentives to land a buyer, said Matthew Crites, an agent with Coldwell Banker Realty.

    “It’s been a really good buyer’s market to kind of start the year off with,” he said.

    The trends helped give home shopper Anne King a strong hand when she set her sights on a three-bedroom, two-bath ranch-style house in Fort Worth listed at $275,000.

    The contract administrator offered $10,000 below the listing price. She also asked that the seller kick in $5,000 toward closing costs. The seller accepted, and later agreed to throw in another $12,000 for repairs after a home inspection revealed roof damage.

    “Fortunately for me, the seller was in a position they needed to sell,” said King, 57. The purchase was finalized in late February, just before the start of the conflict in the Middle East.

    King had hoped mortgage rates would ease further before she bought the home, but decided it made sense to buy sooner, rather than risk having to compete this spring against more homebuyers who could potentially trigger a bidding war -- something she experienced last May when she bought a two-bedroom, two-bath townhouse in Arlington.

    She locked in a 6% rate on her mortgage and plans to refinance to a lower rate whenever rates drop.

    “I feel like I got a good deal on this property, and that’s all that matters,” she said.

    Home shoppers gain more leverage
    While the inventory of homes for sale nationally is still low by historical standards, active listings — a tally that encompasses all homes on the market except those pending a finalized sale — jumped nearly 8% in February from a year earlier, according to data from Realtor.com.

    The increase varies across the U.S., with the West, Midwest and South far outpacing the Northeast. Still, some 43 of the 50 largest metro areas had more homes for sale in February than a year earlier, with listings up between 10% and 38.5% in many markets, including Seattle, Indianapolis, Las Vegas and Houston and Denver.

    As homes take longer to sell, prices have started falling. The median listing price was down in February from a year earlier in just over half of the nation’s biggest 50 metro areas, including a nearly 9% drop in Austin and Memphis, and declines of more than 5% in Washington D.C., San Diego and Los Angeles.

    In another sign that buyers may have the edge negotiating with sellers this spring, an analysis by Redfin estimates that there were about 46% more sellers than prospective buyers in the market nationally in February. That’s up from about 30% a year earlier and represents the largest gap between buyers and sellers on records going back to 2013, according to Redfin.

    Miami, Nashville and Austin are among the metro areas where sellers most outnumber buyers, Redfin found.

    A buyer's market, if you can afford it
    The U.S. housing market has been in a sales slump since 2022, when mortgage rates began to climb from pandemic-era lows. Sales of previously occupied U.S. homes were essentially flat last year, stuck at a 30-year low. They have remained sluggish so far this year, declining in January and February versus a year earlier.

    While the pace of home price growth has slowed or fallen in many metro areas, affordability hurdles remain daunting for many aspiring homebuyers because wage growth has not kept up with home prices.

    Consider, the median price of an existing home sold in February was $398,000, according to the National Association of Realtors. That's nearly five times the median household income. A historic rule of thumb was that homes generally cost three times the household income.

    The recent increase in mortgage rates adds slightly to the affordability challenge. On a $400,000 home near downtown Dallas, for example, factoring in a 20% down payment and a 30-year mortgage at 6%, the buyer’s monthly payment would be about $2,248. At a 6.4% rate, that payment would climb to $2,331.

    And while mortgage rates are still lower than a year ago, making monthly payments more manageable, rates are still much higher than the sub-3% averages available to homebuyers during most of 2020 and 2021 as the weakened economy dealt with the coronavirus pandemic and its aftermath.

    Sellers under pressure
    The housing market has cooled considerably since earlier this decade, when rock-bottom mortgage rates set off a frenzy that sent home prices soaring. Back then, it wasn’t uncommon for a home to fetch well above the seller’s asking price after receiving offers from multiple buyers.

    While some sellers are still receiving multiple offers now, it’s far from the norm.

    Jo Chavez, a Redfin agent in Kansas City, tells clients looking to sell to expect that their home probably won’t sell right away. She also advises them to be “reasonable” with how they price their home.

    “We have a lot of sellers who have that idea of like, ‘well, my neighbors sold for this much, and so I think I should price $10,000 above them,’” said Chavez. “And that’s obviously not a logical approach, because there were less sales last year.”

    housing marketmortgage ratesspringreal estate market
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