Results of 2nd Motion To
Compel & Sanctions
As expected, I lost. I have been found in contempt of court. And the judge granted the Comal County Appraisal District's Motion for Sanctions (attorney fees) ordering me to pay $4,669.60 for not agreeing to let them come on my property in any manner they wanted to. Further, the judge is allowing Comal Appraisal District to send three people onto my property and take pictures inside and outside of every building that I own, including my home and my bedroom, and, that they do not need to sign a liability release, and they pay zero for any inconvenience or liability exposure I may have. This is all done even though I provided an architect's property analysis with full dimensions of every building and pictures of the site.
Now I have to deactivate my passive deterrent system (trip wires, pepper spray, plastisol ink bombs, rat trap bombs) at my expense. (None of this is lethal. However, it is intended to be irritating to burglars. I checked my record and I have had ten incursions, including burglaries since I began living on the property in 1981.)
<![if !supportLists]>· <![endif]>The CAD "inspection" will take place on July 31, 2019 from 1 pm to 3 pm.
<![if !supportLists]>· <![endif]>They get to wander around at will and look at and photograph anything they want and use it in any way they want. (It will be two appraisers and one attorney.)
This is under the guise of "discovery" even though the architect did it all already. They say then need their appraisers to do it for themselves that the architect wasn't an appraiser and that they could not use his analysis to develop their own value for the lawsuit.
(Remember, my appraisal was $188,000 in 2017. In 2018 they raised it to $342,000 and admitted at the ARB hearing that they "guessed" at the number. I sued and then for 2019 they show the appraisal as $511,000.) (See chart of appraisal history)
I also have my informal rent negotiation hearing for the year
2019 on Friday,
July 12, 2019, at 1:00 pm, for all my property within
<![if !supportLists]>· <![endif]>The judge ordered me to pay $4,669.60 in attorney fees to the Appraisal District.
<![if !supportLists]>· <![endif]>I have 90 days to come up with the money.
Even though I spelled it out, the judge was not interested in the fact that the CAD attorney is the one who walked away from the negotiations for the day of the week where the inspection was first ordered. (Week of May 19.)
Also, the judge dismissed the fact that the opposing attorney lied in his 2nd motion to compel saying there was no judge's order regarding the inspection determined by the judge at the first Motion to Compel. The attorney with 35 years experience said he didn't know about the order. Duh.
<![if !supportLists]>· <![endif]>So I am paying sanctions while the CAD commits perjury with impunity!
<![if !supportLists]>· <![endif]>In the "Rule 11" agreement offered by the Appraisal District they stated there would be a "deposition." I pointed this out and said that the notice was improper for a deposition, and that is why I refused to sign it. The judge defended the Appraisal District as a simple mistake that I should have ignored. The judge said there would not be a deposition but did not address the fact that the Rule 11 agreement was misleading and good cause for rejection.
Points that show bias of the judge in favor of the Comal County Appraisal District:
<![if !supportLists]>· <![endif]>The very first inspection notice was defective. It did not provide all the necessary elements under the Texas Rules of Civil Procedure. We talked about that in the April 18, 2019 hearing, but the judge ignored that, too.
<![if !supportLists]>· <![endif]>I provided a complete architect's property analysis that the CAD could have used to prepare their values but they rejected that and quoted the architect as saying "he had to inspect the property to prepare his analysis." Obviously! The architect said however on the stand that any one or number of appraisers could use his documents to determine a value.
<![if !supportLists]>· <![endif]>The judge's order even said that if I appealed this order, I have to pay an additional $7500 to the Comal County Appraisal District. (What??) So now to appeal you have to pay for both sides of the argument?
<![if !supportLists]>· <![endif]>The surprise amended 2nd motion to compel listed attorney fees, which was used in court the very next day by the defendant, was in violation of TRCP 21 which requires motions to be served on the parties 7 days before the hearing.
My next step is to get a copy of today's transcript. I have had one offer of $400 for that. However, I had similar offers for the previous transcript and collected nothing.
I am definitely asking for donations, in any amount, to help with the order against me today. ($4,669.60). (At $100 donation level, that is only 46 supporters and friends. And, since I have exactly 3 friends, it isn't looking very good.) (Do what you can or nothing at all, it is my own fault for standing up to tyranny.)
Lesson: The CAD makes up the value of your property. They admit they fabricate it. You challenge it in court, and they suddenly want to inspect and if you provide an architect's analysis that is not good enough and you will be forced to stand aside and allow the CAD to inspect all your private property on their own terms. All the rules of court do not apply for you but only protect the CAD.
Why would anyone challenge the fake numbers when the system works like this? This is the message they want to send.
You do not own your property. The government owns it (in their mind) and they own you (in their mind). Resist and this is what happens.
Sign me fed up, but not out. Live to fight another day.
PS: Hahah. You have to love these three friends of mine. One of my buddies just told me he would put a tip jar out on the table on his porch and hit up his visitors. It is a spirit like that that counts! He is a nail banger with on again off again employment, doesn't own hardly anything. Yet, he is willing to scratch up a few bucks because he thinks it's important somebody fight these bastards.