Suber Trial - Updates as of January 20, 2012

The bench trial with Judge Ables ocurred on January 9th and 10th.

The judge heard testimony from 3 board members and 1 property owner, as well as testimony from Mr. Suber.

Both sides presented their evidence and arguments, and Judge Ables asked lots of clarification questions of both attorneys.

He said that he definitely understands how this issue has become a concern for POATRI and Property Owners and that he plans to carefully consider how he will write his order.

We will notify all owners when POATRI receives the order from the judge.  As of today, we have still not heard the response.

Thanks,

Tanya Phillips, President

POATRI BOD

Suber Trial - Updates as of November 22, 2011

The court has reset the trial for January 9, 2012 beginning at 10:00 am.

Suber Trial - Updates as of November 11, 2011

Message from our attorney:  The court has reset the trial in the case due to a medical issue for the defendants attorney. The case will not be tried in November. The first trial date is December 14-16 beginning at 10:00. If Ms. Weaver’s doctors restrict her as they have been so that trial by the December date is not possible, then the case will be set for trial on January 9-11 beginning at 10:00 am. Mr. Valentine, Ms. Weaver’s, associate does not believe the December trial date is going to happen. 

We will update everyone as we know more details. ~ BOD

Suber Trial - Updates as of November 8, 2011

Message from our Attorney:  The court has signed an order approving a bench trial.  There will be a telephonic hearing tomorrow on the issue of continuance of trial at request of Suber’s attorneys. On that subject, the report I received yesterday was that Ms. Weaver has been sent to a Dallas hospital for tests and treatment.  With Ms. Weaver hospitalized, Judge Ables will almost surely move the trial, perhaps into next year.

Suber Pre-Trial Hearing - Monday October 3, 2011 - Alpine TX

All parties entered the courtroom together.  The Judge had each party announce their representation and welcomed the new Attorney for POATRI, Mr. Jeffrey Thomason.

First the judge took up the issue of finalizing the last order made at the previous hearing with regard to the 2006 document from Terramar to POATRI. (there was issue with the way the ordered was worded by Ms. Pat Weaver)  The judge agreed with POATRI that the wording by Ms. Weaver was excessive and it was not how Judge Ables had phrased it at the hearing.  Judge Ables asked both parties to accept the wording as provided by POATRI's attorney, both parties agreed and it was so ordered and signed by the judge.  (Once we get a certified copy of the order, I can post a link to it for all to read)

Next the judge said that he believed there was a bigger issue at hand in the heart of this gating issue and he said that he believed that a jury should hear the evidence from both sides to determine what was Teramar's intent when they wrote the 1976 assignment of easement to POATRI.  (intent would be something a jury could decide as a judge can only determine facts of law)  The judge said he didn't want to hear any further testimony or evidence, but that he wanted to set this case for trial.  He said he wanted to determine once and for all exactly what rights Teramar had to give and what rights POATRI has with regard to the roads on Terlingua Ranch. (as evidenced by the documents filed in 1976)

He has asked both parties to submit what they believe will be the decisions for the jury to rule on.  Trial is currently set for November 28th at 10am.  Any pre-trial things will start at 9am if needed.  At 10, we will begin with jury selection, which will likely take up through the lunch break.  If the judge follows the last jury trial I saw  him at, then he will break until about 1:00 or 1:30 for lunch and then the trial will begin. (for those who wish to attend)

I would expect it to go on for a couple days.  Again, I can post the orders, once we receive a copy.

Suber Hearing - Monday June 6, 2011

Judge Ables scheduled the hearing for the POATRI vs. Suber lawsuit for Monday June 6, 2011.
This was only a hearing to hear the summary judgements from both sides.
Judge Ables said he wanted to hear a timeline of how Great Western/Terramar became the developers and some history of how land was sold and recorded; as well as how the easements were deeded.  He also asked both attorneys to give an opening statement with regard to their clients position on easements, gates, and access.  Both attorneys gave input.  After hearing only partial information from both sides, the Judge determined that the issue at hand was going to need more time to sort through.  He decided that rather than make a determination (summary judgement) at that moment, he would give both sides 30 days to submit a brief and include all evidence to support their case.  He will then allow each side 7 days to respond to the other.  He will then determine if he is able to submit a judgement one way or the other.  If there are issues of fact that come up, he can send it to a jury trial to be determined.

The board of directors will meet to discuss future action to be taken.

July 7, 2011 - Motion to substitute attorney will be filed to hire Jeffery Thomason and replace David Moore.

An extension was granted for submitting our brief - deadline is 5pm August 12th.

Pre-trial and trial dates set: Pretrial 10am October 3, 2011 and Trial October 18th (this date is changed to Nov. 28)