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Clockwise from left: Pct. 1 Commissioner Debbie Ingalsbe, Pct. 3 Commissioner Will Conley, County Judge Bert Cobb, Pct. 4 Commissioner Ray Whisenant and Pct. 2 Commissioner Mark Jones
RoundUp photos
RoundUp photos
Update Monday, April 4 – Commissioners and Judge Cobb emerged from their executive session today with the judge announcing that the county was taking no action on the case now. Judge Cobb cautioned commissioners not to make public comments while the litigation is pending. (The RoundUp erred in reporting that the special meeting and executive session was to begin at 9 a.m. today. It was posted for 1 p.m.)
Law by politics or by the book?
A special meeting of the county commissioners court is scheduled Monday at 9 a.m. Only one item is on the agenda: an executive session and possible action to follow regarding Texas Heritage Kitchens' pending lawsuit against the county (THK L.L.C. vs Hays County). This is the lawsuit referred to in the open letter (scroll down) from Carolyn Logan to Judge Cobb. All the evidence that has been publicly reported (and in court records) in this foul smelling and deeply politicized case points in one direction – it should be tossed out by the presiding judge. You can bet commissioners, in their Monday executive session, will be talking less about the legal aspects and more about the political stakes. If the court and county decide to maneuver for a cash settlement with the plaintiff, it will be a purely political call. We'll know then that somebody on the court owes somebody big time.
Contact your County Judge and county commissioners, ask them what they're thinking. Urge them to have their outside counsel, Robert Bass, timely file a motion in Judge Ramsey's district court no later than this coming Monday asking Judge Ramsey to DISMISS the Ramus suit against Hays County, and to have attorney Bass present oral argument for dismissal at the 9am hearing on April 12th at the Hays County Justice Center in San Marcos.
Background
Four years ago Hays County commissioners' court, in a 3 - 2 vote, revoked a septic system permit wrongfully issued to Nick Ramus by the County's Environmental Health Department.
Three years ago visiting district judge Robert Pfeuffer from New Braunfels granted Ramus a Partial Summary Judgment in his crooked suit against Hays County. That court order gave Ramus the green light to seek attorney fees ($78k) but the order has languished for three years without any action by Ramus or his attorney. This was a suit that former county commissioner Jeff Barton and Commissioner Will Conley encouraged, promoted and possibly facilitated to cover up wrongdoing in the County's Environmental Health Department and to use as a political club against then County Judge Liz Sumter. Conley's and Barton's sorry plan failed and they just wanted the suit to go away, especially after Ramus was convicted of deadly conduct.
Now Judge Charles Ramsey has ordered a hearing in district court on April 12th to consider why the Ramus suit should not be dismissed for want of prosecution. This is good news for county taxpayers if the county acts now.
It means Ramus' Dripping Springs attorney, Skip Newsom, must explain to Judge Ramsey why the order wasn't acted upon and why this suit should not be dismissed for want of prosecution. If Judge Ramsey dismisses the suit the County can save taxpayer money and diminish the wrongful decision by Judge Pfeuffer that in essence declared the County does not have authority to enforce its laws.
It's vitally important that you contact County Judge Bert Cobb and your county commissioners and urge them to have Bass file a motion to dismiss and to present oral argument for dismissal at the April 12 hearing.
The County has a great opportunity to save taxpayer dollars, protect its authority and to seek justice. Why would anyone on commissioners' court not want this suit dismissed? Urge them to file and argue for dismissal.
County Judge Bert Cobb
bert.cobb@co.hays.tx.us
(512) 393-2205
Commissioner Debbie Ingalsbe (Pct.1)
debbie@co.hays.tx.us
(512) 393-2243
Commissioner Mark Jones(Pct 2)
mark.jones@co.hays.tx.us
(512) 262-2091
Commissioner Ray Whisenant(Pct 4)
ray.whisenant@co.hays.tx.us
(512) 858-7268
13 comments:
In the last article's comment section, Peter Stern said:
"Court mediation, a.k.a., third party mediation is needed at this time, yet there is no movement towards this objective. Judge Cobb could move towards that goal.
Current Commissioners could aid this volatile situation by encouraging a third party mediation. It would be the right thing to do."
I couldn't agree more. And yes, we are all tired of seeing this dispute come up over and over again. It is time Bert and Will made an effort to put it to rest by approving an independent review of the dispute.
I can't imagine Mr. Ramos or Ms. Logan wanting to have their reputations or their names tarnished further - nor can I imagine Will or Bert wanting people to think of them as vindictive and/or insensitive to the system being politically favorable of unfavorable to any one citizen.
I think enough input has been submitted. As Peter said, it is the right thing to do -especially now.
Isn't it time to recognize the fact that any money that has been cost to the "taxpayer" has been the fault of Charles O'Dell and his dear friend Mrs. Logan? And all in an effort to make elected officials look "bad."
And yet - there is still a new cast of characters that are at fault and are now standing in the shadow of the Ramus septic tank ...
When will this saga end?
Will Charles O'Dell ever be happy with any Commissioners Court?
Stay tuned. There will always be another election...
If Ramos had accepted the Partial
Summary Judgment, he would have
received only enough money
($78,000) to cover his attorney
fees. He wouldn't have received money over that (hush money?). So
it seems Ramus has been playing a
waiting game, maybe hoping that Conley, Pope, and crew will cough up some cash?
As long as the first suit is still
"unfulfilled" (Ramos hasn't done
anything to collect his $78K), I
guess no one is able to file a second suit? Maybe Cobb, Conley, Pope are tyring to wait RAMUS out and don't want to have the first
($78K) suit go DWOP? Maybe they want to deny, deny, deny and delay, delay, delay until they are(possibly) re-elected in May 2012 to their current offices?
This situation smells all around --
and not just in Ms. Logan's yard.
Logan and Ramus don't need mediation.
The suit is between Ramus and Hays County. An employee at the Environmental Health Department fraudulently issued a permit for Ramus' system. Later, the county chose to enforce its own laws, as well as those of the State of Texas, by rescinding the permit.
Ramus sued the county over that but the case has not completed because the judge assigned Ramus' attorney the as-yet uncompleted task of writing the judgment. Apparently that's tough to do if the judgment has no basis in law.
Now District Judge Ramsay has notified the parties that the case is on the "drop docket" for dismissal.
The only reasonable action on behalf of the People of Hays County is to make written and oral arguments for the dismissal. If not, we have a precedent on the books that counties may not enforce their septic laws.
This Blog is so FOS. The pro O'Dell comments get posted and the honest posts get moderated out!! There are so many lies, stretches of the truth, and just plain filth written by the editors here that there ought to be a law against it.
Dear Full O' Shit (FOS). Yes, you are.
And what business is it of you naysayers to defend Ramos. If you are experts, share your name so we can know if you have any credibility. Otherwise, you are all just ignorant blowhards with an attitude.
And quit blaming O'Dell the messenger for your inability to hear or even understand the truth.
Let Cobb, Conley and the courts et al solve this problem. And get a life.
Thanks for stopping in, Will...
The issues between Ms. Logan and Mr. Ramus have NOT "gone away" so there IS a need for some sort of 3rd party mediation.
This is in addition to the court case that may be dropped if nothing more is done on that end.
During the past several years, this issue has been dragged through various absurdities.
I get the feeling no one really wants to deal with the legal side of this thing.
It may be that the former Commissioners acted inappropriately on several issues regarding the septic tank permits and rights.
These issues need to be reviewed and resolved, but it doesn't seem likely. Here in Hays County, it appears that our leaders and the court will opt to close their eyes, hoping it will all go away.
Some of it will go away -- the court case --but some of it will not, e.g., the two neighbors maintaining their individual animosities towards each other and no resolution on the questionable septic system spilling over.
So to sum this up - the public's health is not being protected or served by those that are responsible for enforcing public health statutes and local rules. It is curious that those public employees responsible for public health are still receiving public funds (pay checks from your tax dollars) AND there is no public outcry about waste, fraud & abuse.
Since these public servants aren’t doing the job of serving the needs of the public, they need new titles. Maybe if these folks are labeled “liberal overpaid slacker county employees”, we can get the appropriate response from the citizens. This is real waste, fraud and abuse (WFA) and it is right under your nose – can you smell it now that the hot button words describe it?
Maybe throwing in the term corruption will get the outcry going (now WFAC servants).
Hays County Roundup - good job on this issue!
So is “Judge Doc” still a real doctor or is he now able to look the other way on public health & safety issues because he was elected county judge?
He is now on his last opponent’s (Barton) side on this issue.
Les correctly said...
“So to sum this up - the public's health is not being protected or served by those that are responsible for enforcing public health statutes and local rules. It is curious that those public employees responsible for public health are still receiving public funds (pay checks from your tax dollars) AND there is no public outcry about waste, fraud & abuse.”
I would add that a better example of this is the fact that the City of Wimberley is allowed to dump their crap into Cypress Creek from the failed septic systems in the “Square”. This has been going on for ages and nobody, especially the City, will do anything about it. Question, who does enforce the public health laws in this State and County? Do we have to blow a whistle to the EPA of can we expect enforcement from those we elect and pay our tax money to?
I get really steamed when I see Bond sales for roads and so-called parks like the Jacob’s Well scam with the TNC, WVWA and Baker et al. There seems to be plenty of money to waste “protect the Well” but, no money or bond sales to clean up the creek.
Dear editor - Commissioner Ingalsbe's email address is:
debbiei@co.hays.tx.us
Bob,
You left out Conley's email address.
Commissioner Will Conley (Precinct 3) will.conley@co.hays.tx.us.
The shear weight of documented evidence against Nick Ramus and Tom Pope has destroyed any credibility that Conley/Barton might have previously spun. Conley and Barton feel the noose tightening.
No one should dispute that Ramus and Pope are dangerous individuals.
Ramus, the candidate who Conley created and claimed was “a great man and a great candidate,” is convicted of deadly conduct, among other convictions. Barton’s man, Tom Pope, killed a young man who had just arrived on a bicycle, and Pope shot him in the back through the door of Pope’s first ex-wife’s home. Pope claimed that he “feared for his life.”
More dangerous are elected officials Conley, Barton and our DA, Sherri Tibbe.
Tibbe wouldn’t even investigate documented allegations of wrongdoing in the Environmental Health Department, and when the same protected Tom Pope kills an unarmed young man who comes calling on a bicycle, shooting him through the door and in the back, Tibbe protected Pope from the grand jury.
Ramus couldn't have violated OSSF laws without active help from Pope that is documented. Now Conley and Barton, who used Ramus for their dirty political games, must protect Pope and Ramus to save their own hides---no matter who is injured or killed.
Who would benefit from a county settlement with Ramus at taxpayer expense instead of having the case dismissed for want of prosecution?
Show up in commissioners’ court at 1pm Monday and find out.
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