TONY MARTINEZ NO ANGEL: VAL STEWART, HIZZONER'S BUSINESS PARTNER

By Juan Montoya

On Oct. 11, one day before Columbus Day, Hizzoner Tony Martinez will have to go to court to answer a lawsuit that clams, in essence, that our mayor no tiene palabra.

The lawsuit was filed by Val Stewart, a hunting lease operator in Jim Wells County (Alice) and in his lawsuit he claims that he entered into a verbal agreement with Martinez before he became mayor of Brownsville. According to the lawsuit, both parties entered into negotiations to lease for commercial purposes a building (an old roadhouse bar) located in Jim Wells Co (Alice).

After both agreed to the the terms of the lease and Stewart tendered a check for the first month's rent, he began making repairs and improvements to the building based upon Martinez's assurance that there was an agreement as to the terms of the lease and that a written lease was being prepared.
Stewart's lawsuit claims he then spent approximately $8,414.00 on labor and materials within the first 30 days.

The lawsuit claims that Martinez had failed to send a written lease, but continued to tell Stewart that he was working on it. Martinez said that he was running for Mayor of Brownsville and that this was taking up a lot of his time. However, Stewart said Martinez continued to assure him that they had a deal.

On June 2, 2011 (after the election) Stewart spoke to Martinez's secretary who informed him that due to his winning his election, Martinez no longer felt like the lease was a good idea.
When Stewart sent a written demand on June 3, 2011, the now-mayor requested a written accounting of the repairs to the building and the charges. This was provided on June 13, 2011, and as no response was received, Stewart filed the lawsuit.
Stewart claims that Martinez defaulted in paying the debt. He estimates that there is currently due the sum of $8,414.00, plus accrued interest as provided for in the agreement.
Stewart said that he has demanded that Martinez pay this debt to no avail.
After Martinez failed to honor his debt, Stewart said it made it necessary to employ Alice attorney Gray P. Scoggins, who states in his lawsuit that the debt remains unpaid and that reasonable fees for the services rendered and to be rendered are at least $2,000.00.
Martinez was cited to appear and answer to the complaint in Stewrt's lawsuit and that Martinez be ordered to pay the outstanding $8,000.00 debt and any interest due. He is also asking that judgement be granted  for at least $2,000.00 as reasonable attorney's fees with additional contingent amounts in the event of appellate proceedings.
He also is asking that Martinez be ordered to pay court costs "and all further relief to which Plaintiff may be entitled."
Offhand, one would think that Martinez could just go ahead and rent the place after the improvements were already made and recoup the improvements costs through there. But there is a hidden story, it would appear. Apart from the hunting lease business for which Stewart was going to use the building, a part of the building was going to be used as a roadside bar, complete with the usual sweepstakes machines like those used at local VFWs to raise funds for the organization.
Apparently, Stewart's partner had once operated similar games in Brownsville and got raided by the local cops. However, (and this is what you will never hear), the partner prevailed in the case and won.
Could it be that Tony learned of the failure of the local police and district attorney to prosecute and got cold feet about renting his land and buildings in Alice now that he was the mayor of Browntown?
Nonetheless, folks in Alice will see the showdown in county court the 11th. Send us a note if you're reading this to see how Hizzonor fares in Stewart's turf.