HUNT COUNTY, TEXAS: Kirk Grady just happened to possess some land in Hunt County before he sold it 14 years ago. the property in question had a pile of firewood on it, and now the county wants to gouge Mr. Grady to the tune of 2 billion dollars for alleged improper waste disposal.
Hunt County filed a lawsuit against Grady in Austin last year, and now Grady is countering with a federal lawsuit. Grady is battling back by arguing that the law is unconstitutional in his federal lawsuit that he filled last month in Dallas.
Dallas attorney, Michael R. Goldman, is taking his case and blames the “ridiculous and unconscionable” and greedy legal action on the corrupt county’s underhanded hiring of a sticky-fingered private firm to focus strictly on prosecutions of these types of state lawsuits using the contingency-fee provision. Which means that the blood-thirsty firm gets to pocket a percentage of whatever they can collect, in most cases life-ruining judgments.
This gives the green-light for these firms to sink in their talons, and grants them an incentive to bleed their victims for as much money as they want. Some critics say that elected officials are using this law to give kick-backs to the lawyers who chipped in money to their campaigns.
These abused contingency-fee arrangements are of course legal under Texas law. The leaching law, that passed about 50 years ago, gives local governments the power and authority to file lawsuits for civil penalties and alleged ordinance violations of the state’s draconian environmental laws.
Civil Attorney Daniel Ray from Hunt County says that the county is not seeking billions, or even millions. He stated that no one would ever settle these lawsuits if there was truly an attempt to collect that much money, he added, “The incentive is to settle the case.”
Houston attorney, Earnest W. Wotring, who is taking on the lawsuit for Hunt County, wrote in an email that the woodpile on the property tested positive for asbestos, (which are in disc brakes on vehicles) arsenic, (that is naturally found in the ground) and lead (that is in paint, water, and in the soil). He cried that it took more than 60 truckloads to relocate the wood back in December, then he whined about his client’s complaints that the county doesn’t believe people should be allowed to turn county land (private property at the time) into an “unlawful dump site.”
Wotring said, “Hunt County also believes that its contingency-fee contracts can be an effective response to well-funded defendants who can hire high-priced lawyers that bill by the hour and get paid hundreds of dollars for every hour that the litigation continues”. Wotring said that the jury will decide how much money should be extorted from these people, which is somewhere in the range of $50 to $25,000 per day. He said, “Hunt County has not taken the position in the lawsuit that Grady is liable for $2 billion in penalties.”
Goldman is busy with another federal lawsuit against the city of Sulphur Springs just east of Hunt County, they are a hungry tick on Mr. Noorallah Jooma and looking to suck $63 million from him. They are claiming that he improperly disposed of building materials, and storm water violations. Goldman says that private firms are billing at an enormous rate of $950 an hour. The City of Sulphur Springs is using the contingency fee contract to allow the law firm to “needlessly drag the lawsuit out as long as possible so that they can seek greater amounts in attorney’s fees at trial.” Goldman wrote in the lawsuit, “The problem with these arrangements is simple: they entrust the duty of impartially administering justice to attorneys with an overwhelming incentive to “win” the case, even if it is entirely bereft of merit.”
In Bexar County a commissioner chose not to be part of a similar contract. Commissioner Kevin Wolff told the San Antonio Express-News back in April.
“I see this as nothing more than ambulance chasing at a different level. It’s not fixing anything. It’s just a way to try to generate fees for a ‘law’ firm cloaked in ‘revenue for the county’ and ‘protecting the environment.'”
The scandal plagued Dallas County sued the Mortgage Electronic Registration System (MERS) and its parent company in an attempt in 2011 try to get paid back several years of alleged lost revenue.
Ex-District Attorney Craig Watkins coerced the Dallas County commissioners to accept the contingency contract, he promised to win the judgment against the participating banks that would’ve garnered in excess of $10 million.
The lawsuit stated that MERS, which was founded by Fannie Mae, Freddie Mac and multiple large U.S. banks was a funnel for purchasing and selling mortgages by particular lenders. Included in the suit was that MERS skipped out on paying recording fees to the county when the mortgages swapped hands, according to another law. Watkins, a staunch Democrat, employed a local Dallas firm Malouf & Nockels to tackle the MERS lawsuit. Malouf recruited some of his cronies like Watkins’ former favorite assistant Terri Moore, Lisa Blue, a big-time political donor, and even former Democratic Gov. Mark White. The flimsy and money-grabbing legal contract that the Dallas County commissioners approved guaranteed the attorneys 25% of any of the money that was stolen. But in the end the lawsuit failed.
Back to the wood pile lawsuit, Mr. Grady purchased the 50 acres in Hunt County in 1998 that was being rented to several companies that dealt in recycled wood. In 2000, he bought out his partner, then sold the land to Republic Waste in 2002.
Grady argues that Hunt County has no clue when the wood pile was put on the property. Grady adamantly exclaims that he recently learned about the wood when Hunt County served him the papers in 2015.
Hunt County is also naming Republic Waste as the other defendant in the state lawsuit. Goldman discovered that the county is pressing for the maximum amount of money that they can get under the one-sided law, which would definitely cripple them financially.
Goldman concluded, “The fact that a governmental unit in the State of Texas has proceeded in this manner is a clear violation of Grady’s constitutional rights”.
Government continuously treading on the people that they are supposed to serve is beyond insanity. The last legs of the republic are wobbling to the extent of certain fracture. Money and Greed will destroy the human race, and the United States citizens will suffer the progression of oppression with no other cure besides erasing the existing corruption.
By Andre’ Gabriel Esparza – DontComply.com
A Pro Liberty, Pro Freedom, Human Rights Activist, very involved in a wide variety of Activism and Exposing the Truth at all costs.
Guess it’s better written than most? So….? How the F is he responsible for land he already sold is my question?
Secondly… OK so they say his pile of wood had asbestos and other stuff in it, but it does say this stuff does occur naturally so….?
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