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Photo of Brazoria County

Court

Brazoria County

Texas

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Case Information

Filed 2022-03-28
Status Disposed
Type Other Civil Bill Of Review
Docket 159 entries
Disposition dismissed

Parties

Plaintiff Brazoria Civic Club
Defendant Brazoria County|Brazoria County Appraisal District|Brazoria County Emergency Service District #2|Brazoria County Emergency Services District #6|City Of Brazoria|Columbia Brazoria Independent School District|Duskic, Emin|Nguyen, Minh|Port Of Freeport|Special Road & Bridge District|West Brazos Drainage Disgtrict #11
Photo of Hon. Sebesta, Patrick

Judge

Hon. Sebesta, Patrick

Brazoria County (TX)

Texas

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Lawyers

Docket Entries

  1. CANCELED Non-Jury Trial (9:00 AM) (Judicial Officer Hill, Greg) Passed Case Set for Non-Jury Trial 6/30/25 @ 9:00 a.m.
  2. Original Petition (1-10 Plaintiffs) (OCA) Bill of Review and Motion to Set Aside Judgment and Petition for Injunctive Relief
  3. Docket Sheet
  4. Request Process Request Form
  5. Citation Brazoria County Appraisal District Served 04/06/2022 8:00 AM Serving Officer Patterson, Steven Brazoria County Served 04/06/2022 8:00 AM Serving Officer Patterson, Steven
  6. Citation by Certified Mail Nguyen, Minh Unserved Anticipated Method Certified Mail Duskic, Emin Served 04/06/2022 Anticipated Method Certified Mail Last name misspelled on service
  7. Petition Amended Bill of Review and Motion to Set Aside Judgment and Petition for Injunctive Relief
  8. Request Process Request Form
  9. Request Amended Process Request Form
  10. Request Amended Process Request Form
  11. Citation Brazoria County Served 04/06/2022 8:06 AM Serving Officer Bevers, Britney Brazoria County Emergency Service District #2 Served 04/06/2022 8:06 AM Serving Officer Patterson, Steven Columbia-Brazoria Independent School District Served 04/06/2022 8:06 AM Serving Officer Patterson, Steven Special Road & Bridge District Served 04/06/2022 8:06 AM Serving Officer Patterson, Steven West Brazos Drainage Disgtrict #11 Served 04/06/2022 8:06 AM Serving Officer Patterson, Steven Port of Freeport Served 04/06/2022 Serving Officer Patterson, Steven Brazoria County Emergency Services District #6 Served 04/06/2022 8:06 AM Serving Officer Patterson, Steven City of Brazoria Served 04/06/2022 8:06 AM Serving Officer Patterson, Steven
  12. Citation Brazoria County Served 04/06/2022 8:00 AM Serving Officer Patterson, Steven Brazoria County Appraisal District Served 04/06/2022 8:00 AM Serving Officer Patterson, Steven
  13. Temporary Restraining Order Civil (OCA) Order/ Temporary Restraining Order Hearing Set 4/18/2022 at 9:00 am-PS/3 pages
  14. Certificate of Cash Bond
  15. Request Process Request
  16. Request Process Request
  17. Service Returned 226509-226510 Brazoria County, et al- Citation Served 4/6/2022
  18. Service Returned 226501-226508 City of Brazoria, et al- Citation Served 4/6/2022
  19. Service Returned 226370-226371 Brazoria County, et al- Citation Served 4/6/2022
  20. TRestraining Order Nguyen, Minh Unserved Anticipated Method Certified Mail Duskic, Emin Served 04/13/2022 Anticipated Method Certified Mail
  21. Request Process Request Form
  22. Citation Brazoria County Appraisal District Served 04/13/2022 8:45 AM Serving Officer Patterson, Steven
  23. Service Returned 226383 Emin Duskie- Citation by Certified Mail Delivered on 4/6/2022
  24. Notice of Defendant's Offer of Settlement
  25. Temporary Restraining Order (9:00 AM) (Judicial Officer Sebesta, Patrick) set by Davis
  26. Proposed Dismissal of Order to Bill Review and Motion to Set Aside Judgment and Petition for Injunctive Relief
  27. Proposed Dismissal of Order/Temporary Restraining Order
  28. Proposed Order Extending Temporary Restraining Order
  29. Service Returned 227011 Brazoria County Appraisal District- Citation Served 4/13/2022
  30. Order Extending Temporary Restraining Order- Hearing Reset to 4/25/2022 at 1:30 pm/PS- 3 pages- Signed on 4/18/2022
  31. Service Returned 226862 Emin Duskic- Citation by Certified Mail- Signed for on 4/13/2022
  32. Request Process Request Form
  33. Injunction Hearing (1:00 PM) (Judicial Officer Hill, Greg) Temporary Injunction Hearing Set 4/25/22 @ 1:30 p.m.
  34. Citation Brazoria County Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven City of Brazoria Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven Brazoria County Emergency Service District #2 Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven Brazoria County Emergency Services District #6 Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven Columbia-Brazoria Independent School District Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven Special Road & Bridge District Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven West Brazos Drainage Disgtrict #11 Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven Port of Freeport Served 04/26/2022 9:11 AM Serving Officer Patterson, Steven
  35. Proposed Defendants Cease-and-Desist Order to Plaintiff
  36. Proposed Dismissal of Order for Temporary Injuction and or Dismissal of Suit in its Entirity
  37. Exhibit Plaintiff's A-O
  38. Service Returned 228012-228019 City of Brazoria, et al- Citation Served 4/26/2022
  39. Correspondence from Court Coordinator to Counsel dated 5/2/2022
  40. Answer Defendant's Original Answer- Brazoria County Appraisal District
  41. Temporary Injunction (OCA) Order/Temporary Injunction- Non- Jury Trial Set 10/31/2022/PS- 3 pages
  42. Response to Motion to Dismiss and Motion for Severance - Plaintiff
  43. Response to Motion to Dismiss and Motion for Severance Motion for Sanctions- Plaintiff
  44. Reply Defendant Brazoria County Appraisal District's Reply in Support of Plea to the Jurisdiction
  45. Notice of Cancellation of Hearing on 5/19/2022 at 9:00am- Defendant's
  46. CANCELED Motion to Dismiss (9:00 AM) (Judicial Officer Sebesta, Patrick) Passed Deft's Mtn. to Dismiss Due to Lack of Jurisdiction Set for Hrg. 5/19/22 @ 9:00 a.m.
  47. Notice of Hearing on Defendant's Motion to Dismiss for 6-28-2022 at 10am
  48. Response to Brazoria County Civic Club's Bill of Review and Motion to Set Aside Judgment- Brazoria County, et al
  49. Notice Plaintiff' s Initial Disclosures
  50. Notice Plaintiff's Amended Initial Disclosures
  51. Certificate of Written Discovery - Michael Darlow
  52. Certificate of Written Discovery - Sandra Griffin
  53. Certificate of Written Discovery - Michael Darlow
  54. Response Brazoria County, et al's Rule 194 Disclosure Response
  55. Petition Plaintiff's Second Amended Bill of Review to Set Aside Appeal of Brazoria County Appraisal District Denial of Exemption & Reinstatement of Property Status & Other Rulings Petition for Injunctive Relief
  56. Response to Brazoria Civic Club's First Set of Interrogatories- City of Brazoria
  57. Response to Brazoria Civic Club's First Set of Admissions and Requests for Production of Documents- City of Brazoria
  58. Response Brazoria County's Responses to Brazoria Civic Club's First Set of Admissions, Interrogatories and Requests for Production of Documents
  59. Reply Plaintiff's Surreply to Defendant's Plea to the Jurisdiction & Further Opposition to Defendant's Plea to the Jurisdiction
  60. Affidavit of Attorney's Fees
  61. Motion to Dismiss (10:00 AM) (Judicial Officer Hill, Greg) Brazoria County Appraisal District's Mtn. to Dismiss and for Severance and Plea to the Jurisdiction Set for Hrg. 6/28/22 @ 10:00 a.m.
  62. Proposed Order on Plea to the Jurisdiction
  63. Order Granting Brazoria County Appraisal District's Plea to the Jurisdiction/PS- 1 page- Signed on 6/28/2022
  64. Notice of Dismissal- 2
  65. Special Exceptions Brazoria County, et al's Special Exceptions to Plaintiff's Second Amended Bill of Review
  66. Notice of Appeal Appellant's Notice of Appeal - Brazoria Civic Center (14-22-00557-CV)
  67. Notice of Assignment on Appeal transmitted to the 14th Court of Appeals (14-22-00557-CV)
  68. Court of Appeals Transmission confirmation from the 14th Court of Appeals - Notice of Assignment on Appeal (14-22-00557-CV)
  69. Notice from the 14th Court of Appeals - Clerk's and Reporter's Records are due 08/29/2022 (14-22-00557-CV)
  70. Email to Attorney Davis with copy of Case Summary attached for designation purposes (14-22-00557-CV)
  71. Email to Attorney Davis with Appeal Clerk's Record Bill of Costs ($556.00 DUE) and Index attached (14-22-00557-CV)
  72. Affidavit Appellant's Affidavit of Indigence (14-22-00557-CV)
  73. Correspondence from Attorney Davis to District Clerk regarding appellate costs for Clerk's Record (14-22-00557-CV)
  74. Correspondence to Attorney Griffin with Notice of Assignment on Appeal attached (14-22-00557-CV)
  75. Clerk's Record Volume 1 transmitted to the 14th Court of Appeals (14-22-00557-CV)
  76. Court of Appeals Transmission confirmation from the 14th Court of Appeals - Clerk's Record (14-22-00557-CV)
  77. Notice from the 14th Court of Appeals - Clerk's Record received (14-22-00557-CV)
  78. Notice of Request for Court Reporter's Record
  79. Notice Documents Submitted to the Court and Plaintiff During Plea to the Jurisdiction June 28, 2022
  80. Request to Supplement the Clerk's Record
  81. Request for Reporter's Record
  82. Clerk's Record Supplemental Clerk's Record Volume 1 transmitted to the 14th Court of Appeals (14-22-00557-CV)
  83. Court of Appeals Transmission confirmation from the 14th Court of Appeals - Supplemental Clerk's Record (14-22-00557-CV)
  84. Notice from the 14th Court of Appeals - Supplemental Clerk's record has been filed (14-22-00557-CV)
  85. Exhibits Checked Out 1 brown envelope 04/25/2022 checked out to Ida Salinas - Court Reporter
  86. Affidavit of Attorney's Fees (14-22-00557-CV)
  87. Petition Plaintiff's Third Amended Bill of Review to Set Aside Appeal of Brazoria County Appraisal District Denial of Exemption & Reinstatement of Property Status & Other Rulings Petition for Injunctive Relief (14-22-00557-CV)
  88. Jury Demand - Brazoria Civic Club
  89. Motion to Strike Plaintiff's Motion to Vacate Judgment and in the Alternative Grant Brazoria Civic Club's Bill of Review Motion for Sanctions (14-22-00557-CV)
  90. Memorandum of Law (14-22-00557-CV)
  91. Memorandum Amended Memorandum of Law (14-22-00557-CV)
  92. Notice of Hearing (14-22-00557-CV)
  93. Motion Plaintiff's Motion for Summary Judgment (14-22-00557-CV)
  94. Motion Taxing Authorities' Motion to Enforce the 51.014(B) Stay and to Abate All Further Trial Court Proceedings (14-22-00557-CV)
  95. Proposed Joint Order on Taxing Authorities' and Brazoria County Appraisal District's Motions to Enforce the 51.014(B) Stay and to Abate All Further Trial Court Proceedings (14-22-00557-CV)
  96. Motion Brazoria County Appraisal District's Motion to Enforce the 51.014(B) Stay and Abate the Hearing on Brazoria Civic Club's Motion for Summary Judgment (14-22-00557-CV)
  97. Proposed Order of Abatement (14-22-00557-CV)
  98. Motion Brazoria County Appraisal District's Amended Motion to Enforce the 51.014(B) Stay and Abate the Hearing on Brazoria Civic Club's Motion for Summary Judgment (14-22-00557-CV)
  99. Non-Jury Trial (9:00 AM) (Judicial Officer Sebesta, Patrick) Case Set for Non-Jury Trial 10/31/22 @ 9:00 a.m.
  100. Request for Supplemental Clerk's Record
  101. Court of Appeals Transmission confirmation from the 14th Court of Appeals - 2nd Supplemental Clerk's Record (14-22-00557-CV)
  102. Clerk's Record 2nd Supplemental Clerk's Record Volume 1 transmitted to the 14th Court of Appeals (14-22-00557-CV)
  103. Notice from the 14th Court of Appeals - Supplemental Clerk's Record has been filed (14-22-00557-CV)
  104. Amended Motion to Strike Taxing Entities Motion to Vacate Judgment and/or Order and in the Alternative Grant Brazoria Civic Club's Bill of Review and Motion for Sanctions
  105. Notice of Hearing
  106. Notice of Hearing on Brazoria County Appraisal District's Motion to Enforce the Stay and Abate the Hearing on Brazoria Civic Club's Amended Motion for Summary Judgment
  107. Notice of Hearing on the Taxing Authorities' Motion to Enforce the Stay and Abate All Further Trial Court Proceedings
  108. Motion for Summary Judgment (1:00 PM) (Judicial Officer Sebesta, Patrick) Brazoria Civic Club's Mtn. for Summary Judgment Set for Hrg. 11/29/22 @ 1:00 p.m. 11/28/2022 Reset by Court to 11/29/2022
  109. Motion for Sanctions (1:00 PM) (Judicial Officer Sebesta, Patrick) Mtn. for Sanctions Set for Hrg. 11/29/22 @ 1:00 P.M.
  110. Motion Hearing (1:00 PM) (Judicial Officer Sebesta, Patrick) Taxing Authorities' Motion to Enforce the 51.014(B) Stay and to Abate All Further Trial Court Proceedings
  111. Motion Hearing (1:00 PM) (Judicial Officer Sebesta, Patrick) Brazoria County Appraisal District's Amended Motion to Enforce The 51.014(b) Stay and Abate the Hearing on Brazoria Civic Club's Motion for Summary Judgment
  112. Proposed Order on Plaintiff's Motion for Sanctions
  113. Order on Brazoria Civic Club's Amended Motion to Strike Taxing Entities Motion to Vacate Judgment and/ or Order and in the Alternative Grant Brazoria Civic Club's Bill of Review and Motion for Sanctions (14-22-00557-CV)
  114. Notice of Appeal Appellant's Notice of Appeal (for related case #14-22-00057-CV) (14-23-00051-CV)
  115. Notice of Judgment mailed (3)
  116. Court of Appeals Transmission confirmation from the 14th Court of Appeals - Notice of Assignment for related case #14-22-00557-CV (14-23-00051-CV)
  117. Notice of Assignment on Appeal for related case # 14-22-00557-CV transmitted to the 14th Court of Appeals (14-23-00051-CV)
  118. Notice from the 14th Court of Appeals - a notice of appeal has been filed and the Clerk's and Reporter's Records are due 02/21/2023 (14-23-00051-CV)
  119. Court of Appeals Transmission confirmation from the 14th Court of Appeals - Clerk's Record Volumes 1-2 (14-23-00051-CV)
  120. Clerk's Record Volumes 1 and 2 transmitted to the 14th Court of Appeals (14-23-00051-CV)
  121. Notice from the 14th Court of Appeals - the Clerk's Record has been received and filed. The appellant's brief is due in 30 days 3/5/2023 (14-23-00051-CV)
  122. Notice of Appeal Notice of Appeal
  123. Petition Appellant's Petition for Review
  124. Request for Reporter's Record
  125. Notice of Opinion Distribution from the 14th Court of Appeals - an opinion has been issued (14-23-00051-CV)
  126. Opinion Memorandum Opinion from the 14th Court of Appeals - the appeal is dismissed and all pending motions are denied (14-23-00051-CV)
  127. Court of Appeals Judgment from the 1st Court of Appeals from the 14th Court of Appeals - the appeal is dismissed (14-23-00051-CV)
  128. Correspondence from Veronica Davis to District Clerk
  129. Motion to Reopen the Case
  130. Request for a Setting
  131. Notice Proposed Notice of Hearing/Trial Pending Approval of Request for Hearing
  132. Notice from the 14th Court of Appeals - Mandate has been issued (14-23-00051-CV)
  133. Mandate from the 14th Court of Appeals - Appeal dismissed (14-23-00051-CV)
  134. Appeal Bill of Costs from the 14th Court of Appeals (14-23-00051-CV)
  135. Notice from the 14th Court of Appeals Affirmed in Part and Dismissed in Part (14-22-00557-CV)
  136. Memorandum Opinion from the 14th Court of Appeals To the extent that the Club appeals a part of the Order that applies to a request for the Relief, we grant the Appraisal District's motion to dismiss for want of jurisdiction and dismiss this appeal as moot. We conclude that the remainder of the appeal is not moot and deny the remainder of the Appraisal District's motion to dismiss for want of jurisdiction. We conclude that justice does not require that the Club's brief be amended, and we grant the Appraisal District's motion to strike the amended brief. The Club claims that the Appraisal District should not have removed its exemption that had been applied to the Properties before 2016 because the Properties were still entitled to an exemption from taxation under Tax Code section 11.18. The Club also claims that the Appraisal District removed the Properties' exempt status under Tax Code section 11.18 without notice to the Club and without an opportunity to be heard, in violation of Tax Code section 11.43(c), the Due Process Clause of the Fourteenth Amendment, and the due course of law provision of the Texas Constitution. Under binding precedent, the Club may protest each of these claims under the Property Tax Code. Therefore, under Tax Code section 42.09, the procedures prescribed by the Property Tax Code for the adjudication of the grounds of protest authorized by the Property Tax Code are the exclusive remedies for these claims, and the trial court lacks subject-matter jurisdiction to consider these claims in the Foreclosure Suit, which is not one of these procedures. Therefore, we affirm the part of the Order that does not apply to a request for the relief.
  137. Court of Appeals Judgment from the 14th Court of Appeals -see judgment (14-22-00557-CV)
  138. Mandate from the 14th Court of Appeals Dismissed as Moot (14-23-00557-CV)
  139. Notice from the 14th Court of Appeals Mandate was issued
  140. Request for Trial
  141. Notice of Hearing on Motion to Dismiss set on 4/29/25 at 1:00 p.m.
  142. Motion Brazoria County, et al's Motion to Dismiss Brazoria Civic Club's Bill of Review
  143. Proposed Final Order on Taxing Authorities' Motion to Dismiss Brazoria Civic Club's Bill of Review
  144. Opposition Plaintiff's/Appellant's Opposition and Response to Defendant's Motion to Dismiss Motion for Sanctions
  145. Motion to Dismiss (1:00 PM) (Judicial Officer Sebesta, Patrick) Taxing Authorities Mtn. to Dismiss Set for Hrg. 4/29/25 @ 1:00 p.m.
  146. Exhibit Substitute Exhibit B
  147. Judicial Docket Entry Parties presented on defendants' (Taxing Authorities) Motion to Dismiss, along with plaintiff's Motion for Sanctions. After considering the motions filed, responses to the motions, pleadings and arguments of counsel, the court signed an Order Granting Defendants' (Taxing Authorities) Mtn. to Dismiss, and Denying Plaintiff's Mtn. for Sanctions. GH
  148. Order of Dismissal #100269532 - Signed 04/29/2025
  149. Order Denying Motion for Sanctions - Signed 04/29/2025
  150. CANCELED Non-Jury Trial (9:00 AM) (Judicial Officer Hill, Greg) Passed Case Set for Non-Jury Trial 5/12/25 @ 9:00 a.m.
  151. Motion for Reconsideration/Motion for Rehearing Motion for Clarification/Motion to Transfer Appellate Issues from BCAD to Different Case Number or to 106132T
  152. Proposed Order on Motion for Reconsideration
  153. Notice of Hearing on Motion for Reconsideration - 06/24/2025 1pm
  154. Response to Motion for Rehearing
  155. Proposed Order Denying Plaintiff's "Motion for Reconsideration/Motion for Rehearing Motion for Clarification/Motion to Transfer Appellate Issues from BCAD to Different Cause Number or to 106132T"
  156. Motion Hearing (1:00 PM) (Judicial Officer Hill, Greg) Mtn.to Re-Consider Set for Hrg. 6/24/25 @ 1:00 p.m.
  157. Judicial Docket Entry Parties presented on Plaintiff's Mtn. for Reconsideration and/or Clarification. Hearing had and arguments and clarification made. Order signed denying plaintiff's Mtn. to Reconsider. GH
  158. Order Denying Plaintiff's Motion for Reconsideration/Motion for Rehearing Motion for Clarification/Motion to Transfer Appellate Issues from BCAD to Different Cause Number or to 106132T
  159. Judicial Docket Entry Signed Order Denying Mtn. for Re-Consideration, Mtn for Rehearing, Mtn. for Clarification and Mtn. to Transfer Appellate Issue to New Case Number. gh

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