Lake Park-CS 971006 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
t~WRENCE W. JACKSON 1800 Lincoln Plaza JOHN F. ROEHM Ill
RC~ERT L DILLARD Ill 500 North ^kard JENNIFER R. OlETZE
ROBERT E. HAGER
PETER G. SMITH Dali,x% Texas 75201 JASON C. MARSHALl.
DAVID M. BERMAN (214) 965-9900
BRUCE A. $TOCKARD Fax (214) 965-0010 ROBERT C. DILLARD. JR
H. LOUIS NICHOLS
Of= COGNSEL
October 6, 1997
Court Clerk
160th Judicial District Court, 4th Floor
George L. Allen, Sr. Courts Building
600 Commerce Street
Dallas, Texas 75202
RE: Cause No. 97-07962-H; Mitchell H. Reitman vs. The City of Coppell, Texas
Dear Court Clerk:
Enclosed please find an original and one cop3: of Defendant's Motion for
Preferential Setting to be filed in the above-referenced matter.
Please schedule the Motion for Preferential Setting for hearing and return
conformed copies to the undersigned in the enclosed self-addressed, stamped envelope.
Thank you for your attention to this matter. If you have any questions in this
regard, please do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
Peter G. Smita
PGS/sb
Enclosure
cc: Bryan Haynes CMRRR #Z 194 974 504
12798
Court Clerk
October 6, 1997
Page - 2 -
bc: Ken Griffin
Greg Jones
Jim Witt
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
CAUSE NO. 97-07962-H
MITCHELL H. REITMAN, § IN THE DISTRICT COURT
Plaintiff, §
VS. § 160TH JUDICIAL DISTRICT
THE CITY OF THE COPPELL, TEXAS §
Defendant. § n DALLAS COUNTY, TEXAS
MOTION FOR PREFERENTIAL SETTING
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES City of Coppell, Texas, Defendant/Counter-Plaintiff in the above styled
action and files this Motion for Preferential Setting and respectfully shows unto the Court as
follows:
I.
The Plaintiff/Counter-Defendant in this action erected a fence x~4thin the city limits of
Defendant/Counter-Plaintiff without first having obtained a permit from the City of Coppell, Texas
in violation of City Code. Moreover, the Plaintiff/Counter-Defendant erected the fence on City
property without prior approval. The PlaintifffCounter-Defendant requested the City. grant him a
license for the unla~vful encroachment and when the Defendant/Counter-Plaintiff City refused to
... grant a license for the trespassing structure, the Plaintiff/Counter-Defendant filed this action. As a
result, the Defendant/Counter-Plaintiff City filed a Counterclaim pursuant to Chapters 54 and 211
of the TEX. Loc. Gov'I CODE to enforce the Code of Ordinances and to remedy this trespass and
seek removal of the fence by injunction.
Motion for Preferential Setting, Page 1 ss12721
II.
Although requested to do so, the Plaintiff/Counter-Defendant has not removed the unla~x~ul
structure from the City property and has been issued citations to appear in the Coppell Municipal
Court. The threat of criminal prosecution has not deterred the Plaintiff/Counter-Defendant.
Accordingly, the Defendant/Counter-Plaintiff Cit3,' is entitled to a preferential setting in this matter
pursuant to § 54.014 of the TEX. LOC. GOV'T CODE. The Court should give a preference to the
counterclaim action for injunctive relief brought by the Defendant/Counter-Plaintiff City.
WHEREFORE, PREMISES CONSIDERED, Defendant/Counter-Plaintiff, City of
Coppell, Texas prays that upon hearing of this Motion that the Court grant a preferential setting in
this matter; and Defendant/Counter-Plaintiff prays for general relief.
Respectfully Submitted,
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
'~P~er G. Srdtth
Bar Card No. 18664300
(PGS/ttl)
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
(214) 965-0010 FAX
ATTORNEY FOR DEFENDANT/COUNTER-
PLAINTIFF CITY OF COPPELL, TEXAS
Motion for Preferential Setting, Page 2 ss12721
CERTIFICATE OF SERVICE
This is to certify that on the __~ day of ~ 6.~ ,1997, a tree and correct
copy of the foregoing Motion was served on Plaintiff/Counter-Defendant's attorney of record by
depositing the same in the U.S. Mail, Postage Prepaid, Certified Mail, and addressed as follows:
Bryan Haynes
2200 Ross Avenue
Suite 900
Dallas, Texas 75201
CERTIFICATE OF CONFERENCE
This is to certify that on the ~ day of ~ ~ , 1997, I attempted to confer
with Plaintiff/Counter-Defendant's counsel and was unsuccessful.
Motion for Preferential Setting, Page 3 ss12721
STATE OF TEXAS §
COUNTY OF DALLAS §
VERIFICATION
BEFORE ME, the undersigned authority, on this day personally appeared Peter G.
Smith, who after being by me duly sworn and on his oath deposed and says, that his is the City
Attorney for the City of Coppell, Texas, and that he has read the above and foregoing Motion for
Preferential Setting and that ever), statement contained therein is within his personal knowledge
and is true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME, on thi's ~ ~ day of
~~ ,1997, to certify which witness my hand and official seal.
~olary Public. State of Texas ~
~ ~t~t e,~amm~ ~ o~-o5-~9~8_ ~ Notary Public State of Texas
My Commission Expires:
Motion for Preferential Setting, Page 4 ss12721
CAUSE NO. 97-07962-H
MITCHELL H. REITMAN, § IN THE DISTRICT COURT
Plaintiff, §
VS. § 160TH JUDICIAL DISTRICT
THE CITY OF THE COPPELL, TEXAS §
Defendant. § DALLAS COUNTY, TEXAS
FIAT
IT IS ORDERED that hearing on the above and foregoing Motion be and is hereby set for
o'clock, .M., on the day of , 1997, in the
Courtroom of the 160th District Court of Dallas Count', Texas.
SIGNED this day of ,1997.
JUDGE PRESIDING
Motion for Preferential Setting, Page 5 ss12721