ST9801-ES 991014ROBERT L DILLARD Ill
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965~0010
E-mail NJDHS @ NJDHS .corn
BRUCE A, STOCKARD
JOHN F. ROEHM III
JASON C, MARSHALL
J. DAVID DOD(:) III
CHRISTOPHER D. LIVINGSTON
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
October 14, 1999
Clerk of
Co Court at Law No. 5
ords Building
09 Main Street
1
Re,'
City of Coppe!l, Texas v. William F. Callejo, Trustee
Cause No. CC99-07200-E
Dear Clerk:
Please find enclosed herewith an original and one copy of Plaintiff's Response to
Defendant's Plea to Jurisdiction and Objections to the Award of the Special
Commissioners in the above entitled and numbered cause. Please file the original in the
Record of the Court and retum the file stamped copy to the undersigned in the enclosed
self addressed, stamped envelop.
If you should have any questions or need additional information, please feel flee
to contact me. Thank you for your attention to this matter.
Sincerely,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
J. David Dodd, III
JDD/cdb
Enclosures
CC:
Eddie Vassallo (CMRRR Z 194 979 173)
Ken Griffin, City of Coppell ~
CAUSE NO. 99-7200-E
CITY OF COPPELL, TEXAS § IN THE COUNTY COURT
Plaintiff, §
v. § AT LAW NO. 5
WILLIAM F. CALLEJO, TRUSTEE §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF'S RESPONSE TO DEFENDANT'S PLEA TO JURISDICTION
AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS
NOW COMES, City of Coppell, Texas, Plaintiff, and files this Response to Defendant's
Plea to Jurisdiction and Objections to the Award of Special Commissioners. Plaintiff requests
this Court, after heating, deny the Defendant's Plea to Jurisdiction and Objections to the Award
of Special Commissioners and grant Plaintiffs Request for Writ of Possession, and would show
the Court the following:
INTRODUCTION
Plaintiff, City of Coppell, Texas, filed the instant condemnation proceeding against the
Defendant for a tract of land more particularly described in the Original Petition (hereinafter
· "Subject Property"). Plaintiff filed all procedures set forth in condemnation statutes and
prevailing judicial authority. Therefore, Plaintiff is entitled to possession and ownership of the
Subject Property.
II.
FACTUAL BACKGROUND
The City began this proceeding in the Spring of 1999. On March 11, 1999, the City
Engineer, Ken Griffin, made an offer of One Hundred Twelve Thousand Two Hundred Fifty-
three Dollars and ninety-nine cents ($112,253.99) to William F. Callejo. The Defendant rejected
this offer and settlement negotiations continued between Ken Griffin and representatives of Mr.
Callejo. The City hired Evaluations Associates to perform an appraisal on the Subject Property.
Jim Cullar of Evaluations Associates sent notice to Eddie Vassallo, attorney for Defendant, on
April 8, 1999. Evaluations Associates performed an appraisal on the Subject Property. A copy
of the appraisal was provided to Eddie Vassallo, attorney for William F. Callejo.
PLAINTIFF'S RESPONSE TO DEFENDANT'S PLEA TO JURISDICTION
AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS
28849
Plaintiff, acting by and through its City Council, authorized by resolution and found it
necessary to acquire an easement and/or fee simple in the Subject Property. The resolution also
authorized the City Manager and/or his designee to negotiate the amount of damages and
compensation to be paid to the Defendant. The resolution further authorized the City Attorney to
file or cause to be filed an Original Petition to initiate condemnation proceedings on the Subject
Property. The said resolution was passed and enacted before the Original Petition was filed. The
resolution determined announced the determination of a public need and necessity to condemn
the Subject Property.
The Plaintiff complied with all statutory requisites of condemnation proceedings. The
Plaintiff filed an Original Petition on July 2, 1999. The Defendant accepted service by and
through his attomey Eddie Vassallo pursuant to a Rule 11 Agreement made on July 6, 1999. The
Commissioners sent notice to all parties on or about July 21, 1999. The Plaintiff forwarded a
copy of the notice to the Defendant via certified mail on or about July 21, 1999. The Defendant
received the notice forwarded by the Plaintiff on July 23, 1999. On August 11, 1999, the Special
Commissioners held a heating regarding the condemnation of the Subject Property. The Plaintiff
was represented by and through its counsel. The Defendant did not appear in person or through
counsel. The Commissioners made an award of Eighty-One Thousand, Eight Hundred Sixty-
nine Dollars and sixty cents ($81,869.60). On August 13, 1999, the Plaintiff made a deposit for
possession in condemnation proceedings of $81,869.60.
IlL
RESPONSE TO OBJECTIONS TO AWARD
The Plaintiff adhered to all requirements of law in this condemnation proceeding. The
award of the Special Commissioners compensates Defendant fully and adequately for the
reasonable value of the property taken. The Plaintiff has the right and power to condemn the
property in this case as a municipality of the State of Texas.
IV.
DAMAGES
Defendant is not entitled to any damages based on void condemnation proceeding or to
recover costs and expense. Defendant did not incur any costs or expense unnecessarily.
WHEREFORE, PREMISES CONSIDERED, Plaintiff, the City of Coppell, Texas,
respectfully prays that this Court enter an Order denying Defendant's Plea to Jurisdiction,
granting the Plaintiffs Writ of Possession for the property, and denying Defendant's request for
damages; and further prays for such other and further relief whether at law or in equity to which
Plaintiff may show itself justly entitled.
PLAINTIFF'S RESPONSE TO DEFENDANT'S PLEA TO JURISDICTION
AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS 28849
Respectfully submitted,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
By: . ~~}
J. David Dodd, III
Texas Bar No.
(JDD/cdb)
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
214/965-9900
214/965-0010 (Fax)
PLAINTIFF'S RESPONSE TO DEFENDANT'S PLEA TO JURISDICTION
AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS 28849