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ST9801-ES 990827 ..- "~1 Form-N~ 12- CITATION ON SPECIAL COMMISSIONERS" \./,~ A T f Y-N/C-D "PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF THE STATE OF TEXAS CAUSE NO. CC-99-07200-E COUNTY COURT OF DALLAS COUNTY AT LAW NO. 5 Dallas County, Texas CITATION "PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS" TO: THE CITY OF COPPELL, TEXAS SERVE: THE MAYOR, CITY SECRETARY OR TREASURER AT: 255 PARKWAY BLVD. COPPELL, TEXAS 75019 "You have been sued. You may employ an attomey. If you or your attorney do not file a WRITFEN ANSWER with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of twenty days after you were served this citation and "PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS" petition, a default judgment may be taken against you." Your answer should be addressed to the clerk of County Court at Law No. 5 of Dallas County, Texas, at the Court House of said County 509 Main St., Dallas, Texas 75202. PLAINTIff THE CITY OF COPPELL, TEXAS CC-99-07200-E THE CITY OF COPPELL, TEXAS, PLAINTIFF VS. WILLIAM F. CALLEIO, TRUSTEE, DEFENDANT VS. WILLIAM F. CALLEJO, TRUSTEE DEFENDANT, filed in said Court on the 27TH DAY OF AUGUST A.D. 19 99, a copy of which accompanies this citation. WITNESS: EARL BULLOCK, Clerk of the County Courts of Dallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Dallas, Texas, and issued this 29TH DAY OF SEPTEMBER A.D., 19 99. EARL BULLOCK, Clerk, County Court, By ~~)LYN THOMAS, Dallas County at Law No. 5, Dallas County, Texas. , Deputy THE CITY OF COPPELL, TEXAS SERVE: THE MAYOR, CITY SECRETARY OR TREASURER AT: 255 PARKWAY BLVD. COPPELL, TEXAS 75019 FOR: ATTY: DEIqf, NDANT EDDIE VASSALLO 3710 RAWLINS, STE. 1200 DALLAS, TEXAS 75219-4276 (214) 559-7200 THE CITY OF COPPELL, TEXAS V. WILLIAM F. CALLEJO, TRUSTEE NO. 99-7200-e DALLAS COUNTY, TEXAS · PlEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS William F. Callejo, Trustee, Defendant, files this Plea to Jurisdiction and Objections to the Award of Special Commissioners and requests the Court, after hearing, deny Plaintiff possession of the property the subject of this proceeding and dismiss Plaintiff's suit based on the following: Introduction Plaintiff, City of Coppe!l, Texas, filed the instant condemnation proceeding against Defendant to acquire a tract of land more particularly described in Exhibits A, B, C and D to Plaintiff's Original Petition for Eminent Domain (the "subject property"). II. Plea to the Jurisdiction Defendant files this Plea to Jurisdiction to object to this Court's exercise of subject matter jurisdiction over the instant cause. Defendant requests this Court dismiss this matter in its entirety and set a hearing at the dismissal of the instant cause to determine Defendant's damages pursuant to Tex. Prop. Code Ann~ § 21.019 (vernon Supp. 1996). Plaintiff failed to strictly adhere to the procedures set forth in the condemnation statute and in prevailing judicial authority. AS a result, this PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page I , ~. ~"~'/ "' !" ' ' ' lr ' ' "' I' ' 71' 7' i ..... 11' ' IT Court never obtained administrative or legal jurisdiction to hear the instant cause. Plaintiff's failure to properly invoke the administrative or legal jurisdiction of this Court deprives this Court of jurisdiction over Defendant and its property.' To proceed with the instant cause violates Defendant's due process rights guaranteed under the Cor~s~ituti~)ns of the State of Texas and the United States. III. Defendant specifically denies this Court has jurisdiction to hear this matter predicated upon the following procedural defects: (a) Defendant objects to Plaintiff's failure to timely serve notice on all Defendants of the Special Commissioners' hearing conducted on AugUst 11, 1999; (b) Defendant objects .and specially excepts to the Award of Special Commissioners which incorrectly recites: (i) All parties to the proceeding were properly before the Special Commissioners; (ii) (iii) Vassallo; (iv) and (v) (c) Notice was duly and timely served on Defendant; · Defendant appeared in person and through his attorney, Eddie All of the parties announced ready for hearing to the Commissioners; Evidence was received, and argument was submitted by the parties; we adjudge that costs against Defendant for the reasons provided bV Condemnor's Possession Pendinq Litiqation. Defendant objects to Plaintiff's efforts to acquire possession of the subject property by and through PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page 2 ~r' ! - l' ' '~1 ~" ii r Plaintiff's Motion for Writ of Possession. Plaintiff alleges it deposited with the County Clerk of Dallas County, Texas the full amount of the Award of Commissioners. Plaintiff is not entitled to possession of the property or to establish a date of take unless and until the deposit of the Special Commissioners' Award is made In compliance~ith tl~e statutes, the Plea to Jurisdiction is determined and Plaintiff's right to take is established. (d) Defendant specifically denies all conditions precedent have been performed or occurred prior to the filing of this condemnation action. Plaintiff never served Defendant with a Petition in Condemnation or any other pleading with a style or with the parties reflected in the Award of Special Commissioners. Iv. Challenge to Right to Take The trial court lacks legal jurisdiction over the instant cause predicated upon the following: (a) Defendant incorporates each of the preceding paragraphs herein for all purposes and without waiving any of the foregoing allege Plaintiff knowingly failed to comply with Tex. Prop. Code Ann. § 21.012 which requires Plaintiff to attempt to reach an agreement with the owner of the I~roperty on the amount of damages due as a result of the acquisition of real property. (b) Defendant incorporates each of the preceding paragraphs herein for all purposes and without waiving any of the foregoing challenges Plaintiff's right to take a portion of their realty as the selection of their property is an abuse of discretion by Plaintiff; PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page [[ !! :' [ ' [1: !' ' I! (c) Defendant incorporates each of the preceding paragraphs heroin for all purposes and without waiving any of the foregoing allege Plaintiff's selection of the subject property is arbitrary and capricious. Plaintiff failed to choose the site upon which the construction project is to be located predicated upon objective findings; (d) Plaintiff failed to provide a proper appraisal reflecting property taken and damages to remaining property prior to the Award of Commissioners; (e) Defendant incorporates each of the preceding paragraphs herein for all purposes and without waiving any of the foregoing alleges Plaintiff failed to determine public need and necessity prior to filing its Original Petition for Eminent Domain; failed to determine theappropriate location and amount of land required prior to filing its Original Petition for Eminent Domain; failed to properly determine damages or compensation due tO~Defendant; failed to authorize negotiations and failed to extend appropriate offers to Defendant prior to filing its Original Petition for Eminent Domain; failed to authorize an agen~ or representative to extend offers or to conduct appropriate negotiations to acquire I~efendant's realty; and failed to properly authorize the acquisition of Defendant's realty prior to filing its Original Petition for Eminent Commissioners. Domain, the Notice of Hearing ~r the Award of Special Objections to Award of Special Commissioners Defendant, subject to the Plea to Jurisdictioin, files these Objections to the Award of Special Commissioners. Defendant incorporates Sections I through IV herein for all purposes and without waiving any of tihe foregoing further objects to PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page 4 the Award of Special Commissioners for each of the reasons expressed in Sections · I through IV. In addition, Defendant objects to the Award of Special Commissioners as the amount awarded by the Special Commissioners for the taking and damages to the remainder i~ ~ross~y inadequate and fails to properly address Defendant's rights. The Award of Special Commissj0ners fails to compensate Defendant fully and adequately for the reasonable value of the property taken and damages as required by Tex. Prop. Code Ann. § 21.001, et seq. Defendant objects to the taking of the subject properly as Plaintiff has no right or power to condemn the property in that the taking is contrary of the Constitution of the United States, violarive of Article I, Section 17 of the Constitution of the State of Texas and the laws of the State of Texas and Chapter 21 of the Texas Property Code. Vl. Damages ~n accordance with Tex. Prop. Code Ann. § 21.019, Defendant seeks to recover its damages resulting from the dismissal of this void condemnation proceeding and to recover the cost and expense Defendant incurred unnecessarily because of Plaintiff's knowing failure to comply with the condemnation statutes. Defendant requests a hearing be set to determine said damages to which Defendant is entitled. WHEREFORE, William F. Callejo, Trustee, Defendant, respectfully prays this Court enter an Order sustaining Defendant's Plea to Jurisdiction, denying Plaintiff possession of the property, dismissing the entire cause, setting a hearing to determine Defendant's damages in accordance with Tex. Prop. Code Ann §' 21.019 and, in the alternative to dismissal, Defendant requests that Plaintiff be cited as PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page 5 .~. ; : r 'rH~ m" ;' r required by law and that this cause be tried and determined in this Court as in other civil causes; and further prays for such other and further relief, whether at law or in equity, to which Defendant may show itself justly entitled. Respectfully submitted, CHARLES A. SALAZAR State Bar NO. 17526750 3710 Rawlins, Suite 1200 Dallas, Texas 75219-4276 (214) 559-7200 telephone (214) 559-7209 telecop¥ ,Attorneys for William F. Callejo, Trustee PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page 6 "' TI" ]1 r T" ' 'rE ' ' '" ! "' 11' ' VERIFICATION STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned notary public, on this day personally appeared Eddie Vassallo,.attorney of record for William F. Callejo, Trustee, Defendant in the above-styled~and nGmbered cause, who stated that he has read the foregoing Plea to Jurisdiction and the matters contained therein are within his personal knowledge and are true and correct. ~ '~ EDD ~- SUBSCRIBED AND SWORN TO BEFORE ME on AugUst ~/~ ,1999 tO certify which witness my hand and official seal of office. !CHRI$'TOL~/N R. CO!!NELIU~ ~ Notary Pul~llc " carnm.~~-e~ -~ OF TEXAS , ~pJn=a Tn IHDIcCnlI'TT!nN ann nBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page 7 'T' 'T' T' ' ' 'rE T' ' ' I ...... 11 CERTIFICATE OF SERVICE This is to certify that a copy of Defendant's Plea to Jurisdiction and Objections to the Award of Special Commissioners was forwarded to the following counsel by certified mail, return receipt requested on AUgust ~ , 1999: Robert E. Hager Nichols, JacksoD, Dill~ard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 EDDIE V~~L~ ' ~ PLEA TO JURISDICTION AND OBJECTIONS TO THE AWARD OF SPECIAL COMMISSIONERS - Page 8 "ill El 'T' T ..... /IT ' ' ? .... i_m~maSm, lm~,