In what has been a long-running dispute over land donated in 1958 for the use by Cameron County of of a "public park, and parkway and park road purposes," the current commissioners court has to decide what to do about a $21.7 million verdict in a jury trial held this past August.
The heirs prevailed in the 2009 lawsuit they filed in 138th District Court and the county appealed to the 13th Court of Appeals in 2013.
At dispute was the ownership of the land that comprises a portion of Andy Bowie Park on South Padre Island.
An Isla Blanca Park advocacy group contends that at that time former Cameron County Parks Administrator Javier Mendez staged a sham public hearing to facilitate the misuse of the donated property for park purposes only.
In the case remanded by the appeals court, the Tompkins contended that on October 16, 2007, without the the heirs' knowledge, or agreement, Cameron County, as approved by the county judge and the commissioners, entered into a concession agreement with Bharat R. Patel, President d/b/a Affiliated Management Systems. Pursuant to the concession agreement, Cameron County leased to Patel approximately 6.5 acres in Andy Bowie Park, thereby abandoning the alleged Park Purposes easement on the leased property.
Visiting Judge Federico Hinojosa presiding presided over the trial court case last August.
Since the appeals court remanded the case back to the trial court, new commissioners on the court were now named as defendants. Former County Administrator Pete Sepulveda (now county judge), Pct. 2 Commissioner Alex Dominguez, and Dan Sanchez were named in the new trial along with the original defendants Benavides and Garza.
Sepulveda was county administrator when the case was filed.
Following Hinojosa's instructions, 10 jurors said they had agreed on every question, but that two had not.
The verdict read:
Question 1:
"By entering into the Concession Agreement fee for the Hilton Garden Inn, did Cameron County abandon the 1958 Easement for "public park, and parkway and park road purposes, as to the 6.5 acre tract?
Answer: Yes
Question 3: By issuing a Request for Proposal for the 20.9 Acre Tract, did Cameron County abandon the 1958 Easement for " "public park, and parkway and park road purposes"?
Answer: Yes
Now, as the commissioners deliberate on whether to pay, settle, or continue appealing yet another verdict and incur even more legal costs, or to ask the court to ignore the jury's verdict and throw out the judgment.
To see entire charge and verdict, click on link: https://drive.google.com/file/
4 comments:
Wow, man the city commissioners are a bunch of crooks. They want the verdict to be thrown down the drain, how convenient! So the commissioners break the law and now they don't want to pay the consequences. Instead, they want to give themselves a break and keep their island rooms. Pay up and maybe next time the next they will think twice before doing shady dealings! This city is tired of all of the back door deals, shitty commisioners who are in it for their own pockets, and a city that drowns in 5 minute rain. PAY UP Shoophie, you heard the entire case and sat very quietly hearing all of the city scams.
Taxpayers of cameron county do you really think pistol pete sepulveda gives a rats ass about this? Hell no he dont care just look at his trail of shit he left in pharr, city defaulted on their international bridge debt.
Whatever happens, the taxpayers of Brownsville will be on the hook for the misdeeds of their elected officials. Maybe they should pay more attention to who they elect?
this effects Cameron County not just Brownsville, and yes the voters keep electing dumb shits who commit crimes and don't follow the law and we the tax payers pay the bill lots of law suits because of ignorant Public Servants..
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