Jay Mills Contracting Inc. must pay five individuals $600,000 each in exemplary damages after the conclusion of a week-long civil trial Feb. 24-28 regarding the relocation of CR 180.
A row full of plaintiffs filled the courtroom along with three tables of attorneys. Plaintiffs Bill Pace, Linda Israel, Stacey Israel, Melanie Cason and Cindy Sanders were represented by Attorneys Ryan Taylor and Jim Elliott. The defendant Jay Mills Contracting Inc. was represented by Attorneys David Rapp and Jonathan Cone. Erath County was represented by Attorney David Iglesias and Arron Swink.
Prior to the trial, the plaintiffs and Jay Mills Contracting, Inc. signed an agreement that Erath County could not be held financially responsible for the issue. The county had its own attorneys, Iglesias and Swink, at the trial to protect itself and taxpayer interests.
The issue began in August 2023 when Jay Mills Contracting Inc. purchased a 96-acre tract of land off CR 180.
Based on a survey prepared by Zane Griffin, Mills’ grandson, the piece of property would need a portion of CR180 to get to 96 acres. Griffin asserted the road’s current placement was not in step with the 1893 County plat or additional land surveys. “A land surveyor follows in the steps of previous land surveyors,” said Griffin. “You are trying to follow the boundaries to retrace those lines.”
Jay Mills Contracting, Inc. undertook moving the road to get the “missing acreage.”
According to testimony from the trial, Mills went to then- Precinct 3 Commissioner Joe Brown and told him the road was in the wrong place.
Brown testified in open court he told Mills to wait while he sought legal advice from then- county attorney Lisa Pence.
During Brown’s testimony he stated eventually he told JMC it was OK to move the road and that the county was OK with him moving the road.
“I was convinced the road was going back to the correct location,” Brown said. “I believe this road is in the right place.”
However, the item was never voted on in county commissioners court and one commissioner cannot legally bind the county into action, according to testimony provided by both Brown and Pence.
Pence testified the work was nearly completed when she was taken out to CR 180.
The only time the item appeared on an agenda was at the Oct. 23, 2023 commissioners court meeting. No action was taken at that time and two agenda items regarding the road were removed from the agenda.
Brown stated he had taken both Pence and Espinoza out to CR 180 and Pence out again on another occasion.
“I don’t know where County Road 180 is, and I have never gone anywhere with Joe Brown,” Espinoza said during her testimony.
When questioned if anything else from Brown’s testimony was untrue Espinoza stated, “Other parts of his testimony do not ring true.”
Previous action on this item took place in November 2023 when Judge Cashon issued a temporary restraining order to halt work on the roadway and neighboring properties.
During the trial, the jury heard from surveyor Kenneth Leatherwood and from Steven McKethan, an expert witness on titles and real estate closings.
Leatherwood stated that Griffin’s corners did not hit the land to the north and that his measurements were off.
The jury also heard from the defendant who attested he believed the road was now in the correct position due to the survey done by Griffin and he was simply moving it back to the correct location.
“So you just got on a bulldozer and started demolishing trees and clearing land?” Taylor asked. “No. I used an excavator,” Mills said in response.
Mills also spoke of the company while on the stand stating they did $30 to $40 million in roadwork in previous years and owned more than 2,000 acres in the county.
“I certainly understand it’s impacted their lives. I feel for them but their property is next to a County Road,” Rapp said. Rapp pointed out that it wasn’t until the 1953 survey that the pathway of the road was altered.
“It doesn’t change what the person owns,” he said. “Merely because you move the road doesn’t mean you get more property and we agree with that. The Plaintiff’s property has not been taken.”
The attorney stated Mills was simply exercising his rights to take the property that belonged to him.
“How is it possible that he wasn’t exercising his rights?” Rapp asked. “The county didn’t do anything. They didn’t stop him or try to throw him in jail.”
Plaintiff Linda Israel, 84, also spoke on the stand about the life she and her late husband of almost 60 years, Joe, had built.
In tears, she recalled the hand sanded entryway sign that was damaged when Mills began relocating the road.
Plaintiffs also spoke about old trees that had been destroyed and flooding now occurring because of the roadway being altered.
During the course of the trial, Taylor also spoke to the jury about other lawsuits and land disputes involving Mills.
“He’s the only person I’ve sued multiple times for doing the same damn thing,” Taylor said in closing remarks before Judge Cashon ruled on liability.
Cashion ruled JMC was liable in regards to trespass for all of the plaintiffs (minus Stacey Israel) and Nuisance for all plaintiffs.
“None of the plaintiffs were ever consulted like a good neighbor would do,” Cashon said.
He also found JMC liable for malice.
After the judge ruled regarding liability, the jury heard closing arguments where all three attorneys thanked them for being attentive all week long.
“He took more land than Cason and Sanders [own] combined,” Taylor said about the portion of the land claimed by moving the roadway. “He’s done it before and he’ll do it again. How do you take care of a bully? You punch him in the mouth. You can’t do that, but you can pencil-whip his checkbook.”
Mills’ attorney David Rapp said he felt the whole case had been full of a lot of spin. He addressed the amount of funds JMC has and the land.
“The message has been received and I just ask you not to punish them further,” Rapp said. Taylor, however, responded stating, one would think he would have learned the last time or the time before that.
After an hour and a half of deliberation, the jury unanimously awarded the $3 million exemplary damages to the plaintiffs.
“We’re thankful for the verdict. Now my hope is Mrs. Israel will be able to see the results during her lifetime,” Taylor said after the trial concluded.
A final hearing is set for March 26 to determine the location where the road will need to be moved, actual damage amounts and attorney fees.