The attorney for two Buda men who sued the city to put a land use change up to public referendum said his clients will appeal an appeals court decision against the referendum.

A state appeals court last week turned back Buda citizens who hoped to vote down a land use change, saying a city council decision clearing the way for US Foodservice to locate in the eastern extraterritorial jurisdiction (ETJ) is not subject to referendum.

A group wishing to keep a US Foodservice facility out of Buda is giving the city council one more meeting to allow a referendum on the matter. Otherwise, Budadfirst is threatening to sue.

BudaFirst.org submitted a petition at Buda City Hall Wednesday, hoping a land use change enabling US Foodservice to locate a regional headquarters east of the city can be put to a public vote.

A city attorney in Buda has reached the opinion that a land use change allowing US Foodservice to locate in Sunfield MUD is not subject to petition by city voters.

Buda residents are fighting to keep a US Foodservice regional headquarters and distribution facility out of the Sunfield MUD east of town. The facility could eventually employ around 400 people.