A High Stakes Suit

OPINION

By Charles O'Dell, Ph.D.

The THK, LLC (aka Nick Ramus) suit against Hays County is central in the high stakes political struggle going on in commissioners’ court. The political contest pits Precinct 2 Commissioner Jeff Barton against County Judge Liz Sumter, as Barton attempts to clear the way for his road agenda and determine who rules the roost in Hays County.

The legal struggle is simply a matter of opportunity for Ramus created by Barton’s political agenda, but it’s an important legal test for our public security – whether government can enforce its laws to ensure the public health, safety and welfare.

Last year Judge Sumter led a court majority to revoke a septic permit that Environmental Health Department OSSF Programs Manager, Tom Pope issued to Ramus for a system Pope, from all indications, knew didn’t comply with our county and state OSSF Rules. Barton saw the court action as a threat to his influence in the Environmental Health Department, and an opportunity to embarrass and discredit Judge Sumter if the county settled a suit before it came to trial.

Barton may have succeeded in his efforts except for the intervention of an adjoining property owner who stood to bear the consequences of the non-compliant septic system.

The final legal round was conducted this past Wednesday, March 12 when District Judge Robert T. Pfeuffer heard oral arguments by attorneys for the plaintiff (Skip Newsom), the county (Robert Bass) and the citizen intervener (Michael Marcin). Each was asking Judge Pfeuffer to rule for his client’s interests. Judge Pfeuffer is expected to give a written decision soon.

Held in County Court of Law Judge Margie Hernandez’s courtroom at the Justice Center in San Marcos, there was nothing in the oral arguments that hadn’t already been filed with Judge Pfeuffer. The Judge noted that he had read all the attorney filings and had expected to hear the case in early January.

Skip Newsom, attorney for the plaintiff delayed the hearing for months. During that time, Precinct 2 Commissioner Barton sought commissioners’ court approval of an OSSF variance for the Martinez family living in Precinct 1. This would have given Ramus another argument in his suit against the county. That effort failed when Barton’s plan was exposed in commissioners’ court on January 29.

A clumsy last ditch effort to create political cover for the legal drubbing they were facing in district court the next day occurred during commissioners’ court March 11 meeting. Jim Green published his ill timed letter on Newstreamz.com stating he had inside information that a settlement was in the making during commissioners’ court executive session. It appears Commissioner Conley gave Green the green light to publish his insider “scoop” before Conley received word that executive session was being delayed. It was too late. Green had already published his letter. Conley and Green ended up with egg on their faces.

Not only does the county have authority to revoke an illegal permit, but also the duty to revoke it, regardless of how the permit was issued. A settlement with Ramus might take some of the political sting out of the legal loss Barton and Conley face, but it would make fools of those who rewarded Ramus and the county employees who covered for Ramus.

Ramus has gone from a convicted public nuisance to running as Conley’s Republican candidate for precinct 1 county commissioner on what he calls a “stop the government power grab” platform. In fact, Ramus has a history of using pro se suits to gain financial settlements from those who exercise their legal rights. We wonder who financed this Ramus suit.

Ramus has made many public claims about his background but has failed to document a single claim. He claims to have trained with the best chefs in the U. S. and attended European culinary schools but has yet to document those claims with a diploma, certification or letters of recommendation. Our research shows Ramus was a cook at Southwest Texas State, and not a very good one at that, according to student letters to the editor of The University Star.

Ramus claims the Texas Heritage Kitchen is valued at a million dollars with a $100,000 septic system in place. He has never documented these incredulous claims. Hays County tax records show to the contrary that his “million dollar property” is appraised at about $48,000. Show us his receipts for $100,000, and records of property valued at one million dollars.

These and other undocumented claims by Ramus would not have been taken seriously by anyone had he not been supported by county officials and employees such as Barton, Conley, Tom Pope, Tom Forrest and others who appear to have their own political agenda.

HaysCAN relies on public documents and official records when analyzing matters such as this, and our research shows a different Nickolas G. Ramus than the one he would have us to believe.

It’s a perfect storm that has gone badly. Pope misapplied the OSSF Rules. Barton and Conley are using the Ramus suit for their political agenda, and Ramus is taking advantage of a situation that he had a big hand in creating.

An Abbreviated Time Line for Nick Ramus, extracted from court records and other official records:

1981 – Ramus moved to Texas in October.
1984 – Ramus divorces his common law wife in Lockhart, Texas.
1989 - Ramus purchased a 2.19 acre tract with a mobile home where he has lived for the
past 19 years. Tax records show the appraised value is about $48,000.
2000- Hays County Sheriffs Dept pick-up starving & neglected Bar-b-doe Sheep from
the Ramus property on behalf of the Animal Humane Society.
2000 – Complaints to officials of dogs dying while tethered in front of Ramus resident.
2001 - Ramus claims a work place injury--he hurts his back. Files for disability
2002 – Ramus files a Federal Lawsuit against Chartwell's Inc. under Title VII of the
Civil Rights Act of 1964 Employment Discrimination on the basis of race, color, sex, religion or national origin.
2002 – Ramus files a Federal suit against Chartwell's Inc. The Age Discrimination in
Employment Act (42 USC 621 et seq.) (ADEA).
2002 – Ramus cited by Hays County Environmental Health Department for surfacing raw
Sewage and a failed residential septic system. Live-in Juanita Camareno signs citation for Ramus.
2002 --Tom Pope, EHD Programs Manager issues Ramus permit to prepare and serve
food from his mobile home. Pope renews this non-compliant food permit for
three years.
2002 – Ramus applies for an OSSF--it expires
2002 – Ramus constructs an out building without a permit and identifies it on the Hays
County Appraisal District as a storage shed. This is the “million dollar restaurant” Ramus now claims.
2002 – Chartwell’s discovers that Ramus is no longer disabled and the checks stop.
2004-- Ramus applies for an OSSF a second time.
2005 - Ramus sells his residential property containing the storage shed to THK, LLC.
2005 – Tom Pope issues two Authorization to Construct to Ramus. One in June and
another in November.
2005 -- Ramus begins construction on a commercial septic system despite incomplete
plans required by OSSF Rules.
2005 – Ramus cited and convicted by jury of being a public nuisance and ordered to
remove four derelict mobile homes from his two acres. Ramus claims to be
indigent, and can't pay his fine. Tom Pope intercedes on behalf of Ramus. All
this while Ramus is building his million dollar restaurant and $100,000
commercial septic system.
2005 -- Ramus claims he doesn't have money to move the junk and derelict mobile
homes.
2006 – California friends of Ramus arrive to haul off residential trash, used restaurant
equipment and old furniture, and to move a junk truck to Guadalupe County.
2006 – Tom Pope makes final inspection of Ramus commercial septic system and despite
its non-compliance permits it for use.
2007 – Tom Pope sends letter to Ramus with list of corrections needed on the system.