After more than two years, Erath County’s CR 180 will be moved back to its previous location in the final judgment rendered April 4.
In a civil case between Jay Mills Contracting Inc. and Erath County vs. William Pace, Linda Israel, Stacey Israel, Melanie Lynn Cason and Cindy Sanders, final judgment was signed by Judge Jason Cashon in the 266th Judicial District Court.
Duringthetrial,arowfullof 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 start of trial, the parties advised the court regarding a Rule 11 Agreement wherein, among other things, the parties agreed that, despite jury having been demanded, the Court would decide all questions of fact, except for the amount of exemplary damages, if any, awarded to Plaintiffs. The agreement also stated 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.
Judge Cashon rendered judgment in favor of Pace, Linda Israel, Cason and Sanders on claims of trespass and all plaintiffs on claims of nuisance, against the defendant. He also rendered judgment that Jay Mills Contracting Inc. committed the harm for which each plaintiff was able to recover exemplary damages with malice.
After the jury portion of the trial was concluded, the jury awarded a combined $3 million in exemplary damages.
For actual damages, Judge Cashon awarded actual damages of more than $150,000 per plaintiff, along with injunctive relief. In the final judgment, Judge Cashon upheld the jury’s verdict of $3M or $600,000 for each plaintiff in exemplary damages.
A declaratory judgment was entered in regard to property boundaries and CR 180. The injunctive relief requires that Jay Mills Contracting removes all obstructions on or within the right-of-way dedicated to ErathCountyandreconstruct or rebuild the portion of CR 180 that separates the plaintiffs’ and defendant’s properties. The road must be built back according to the roadway pavement section of the current Erath County Subdivision Regulations and be inspected for compliance.
Jay Mills Contracting Inc. will be responsible for reimbursing the county any expenses incurred by a third party lab in regards to density reports for the base and road. The Precinct 3 Commissioner (currently Sherman Edwards) will review reports and monitor or supervise the construction progress. The defendant also is responsible for restoring or remediating that portion of the plaintiffs’ property to the condition it previously existed before the road was moved.
Jay Mills Contracting, Inc. must begin to undertake the road reconstruction project no later than 45 days after the judgment is final and must have it completed no later than 120 days after final judgment. The final judgment also states the defendant cannot place any fence, obstruction, or barrier in the county right-of-way, or move mailboxes or restrict access.
Judge Cashon further awarded plaintiffs’ attorney fees including $150,000 for representation in trial court and if the case is appealed, $135,000 for the court of appeals, $45,000 for representation on petition for review in the Texas Supreme Court, $75,000 for representation at the merits briefing stage in the Texas Supreme Court and $25,000 for presentation through oral argument and the competition of proceedings in the Texas Supreme Court.
The total amount of the judgment will bear annual interest of 7.5% until it is fully paid by Jay Mills Contracting Inc.