Kevin Skonnord, Keith C. § in the District Court Strimple, Clark P
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CAUSE NO. ___________ KEVIN SKONNORD, KEITH C. § IN THE DISTRICT COURT STRIMPLE, CLARK P. WELDON, § RAYMOND THOMAS, GRANT § MCFARLAND, ROBERT L. WORTH, JR., § PETER BADGER, ROBERT SIMS, § JOHN EWALD and JIM C. DANIELL § § Plaintiffs § _____TH JUDICIAL DISTRICT § V. § § GUADALUPE-BLANCO RIVER § AUTHORITY § § Defendant § GUADALUPE COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF TO THE HONORABLE JUDGE OF SAID COURT: NOW COME, KEVIN SKONNORD, KEITH C. STRIMPLE, CLARK P. WELDON, RAYMOND THOMAS, GRANT MCFARLAND, ROBERT L. WORTH, JR., PETER BADGER, ROBERT SIMS, JOHN EWALD and JIM C. DANIELL (collectively, “Plaintiffs”) and file this Plaintiffs’ Original Petition and Application for Injunctive Relief complaining of GUADALUPE-BLANCO RIVER AUTHORITY (“Defendant”) and for causes of action and in support thereof respectfully show unto the Court the following: I. DISCOVERY CONTROL PLAN 1. Plaintiffs intend to conduct discovery under Level 3 pursuant to Rule 190.4 of the Texas Rules of Civil Procedure. PLAINTIFFS’ ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF PAGE 1 OF 29 II. STATEMENT REGARDING CLAIM FOR RELIEF 2. In accordance with TEX. R. CIV. P. 47(c), Plaintiffs state that they seek temporary and permanent injunctive relief. Alternatively, or additionally, Plaintiff’s state that they collectively seek monetary relief over $1,000,000.00 in this case. In accordance with TEX. R. CIV. P. 47(b), Plaintiffs state that the damages sought in this case are within the jurisdictional limits of this Court. III. PARTIES 3. Plaintiff, Kevin Skonnord, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 447 Lake Placid Dr., Seguin, TX 78155. 4. Plaintiff, Keith C. Strimple, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 274 Riverview Rd., McQueeney, TX 78123. 5. Plaintiff, Clark P. Weldon, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 168 Lee St., Seguin, TX 78155. 6. Plaintiff, Raymond Thomas, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 2094 W. Kingsbury St., Seguin, TX 78155. 7. Plaintiff, Grant McFarland, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 258 Riverview Rd., McQueeney, TX 78123. PLAINTIFFS’ ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF PAGE 2 OF 29 8. Plaintiff, Robert L. Worth, Jr., is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 3370 State Hwy 46, Seguin, TX 78155. 9. Plaintiff, Peter Badger, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 636 Woodlake Dr., McQueeney, TX 78123. 10. Plaintiff, Robert Sims, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 1781 Terminal Loop Rd., McQueeney, TX 78123. 11. Plaintiff, John Ewald, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 2322 Laguna Rio, Seguin, TX 78155. 12. Plaintiff, Jim C. Daniell, is and at all relevant times has been a citizen and resident of the State of Texas and owner of real property in Guadalupe County at 198 Daniel Aly, McQueeney, TX 78123. 13. Defendant, Guadalupe-Blanco River Authority (“GBRA and “Defendant”) is a conservation and reclamation district, governmental agency, and political subdivision of the State of Texas created by special act of the Texas Legislature in 1933 as the Guadalupe River Authority under Article XVI, Section 59, of the Texas Constitution and reauthorized by special act of the Texas Legislature as the Guadalupe-Blanco River Authority and codified in Article 8280-106 V.T.C.S. Pursuant to Section 49.066(c) of the Texas Water Code, the GBRA may be served with process by serving its General Manager, Kevin Patteson, at 933 East Court Street, Seguin, Texas 78155. PLAINTIFFS’ ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF PAGE 3 OF 29 14. Each Plaintiff is and has been at all relevant times either an owner or the owner of the real property located at the address following his or her name in the above paragraphs. All the referenced real property and the personal property located thereon (collectively, “Plaintiffs’ Property”) is located on the waterfront of either Lake McQueeney or Lake Placid, which such lakes are each part of the Guadalupe River basin and within the jurisdiction of the GBRA. IV. JURISDICTION 15. This Court has personal jurisdiction over the GBRA. The GBRA is a state agency created by the Texas Legislature in 1933 as the Guadalupe River Authority and reauthorized in 1935 as the GBRA. Per its website, “[t]he mission of GBRA is to support responsible watershed protection and stewardship, provide quality operational service, and a commitment to promote conservation and educational opportunities in order to enhance quality of life for those [the GBRA] serve[s]” in the Guadalupe River basin.1 The GBRA’s jurisdiction covers and it operates in “its ten-county statutory district, which begins near the headwaters of the Guadalupe and Blanco Rivers, ends at San Antonio Bay, and includes Kendall, Comal, Hays, Caldwell, Guadalupe, Gonzales, DeWitt, Victoria, Calhoun and Refugio counties.”2 The GBRA’s principal place of business, general offices, and headquarters are all located in Texas. The claims asserted against the GBRA set forth herein also arise out of or relate to the GBRA’s operations in Texas. As such, this Court has general and specific jurisdiction. 16. This Court also has subject-matter jurisdiction over the GBRA and the constitutional claims asserted against the GBRA herein. The constitutional claims asserted by Plaintiffs against the GBRA are claims for inverse condemnation and the unconstitutional “taking” of Plaintiffs’ Property in violation of Article I, Section 17 of the Texas Constitution. 1 https://gbra.org/about/default.aspx 2 Id. PLAINTIFFS’ ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF PAGE 4 OF 29 Therefore, the doctrine of sovereign immunity does not apply here and does not deprive the Court of subject matter jurisdiction over all the constitutional claims asserted and set forth herein. See Harris Cnty. Flood Control Dist. v. Kerr, 499 S.W.3d 793, 799 (Tex. 2016) (“Sovereign immunity does not shield the government from liability for compensation under the takings clause.”) (citing Gen. Servs. Comm’n v. Little-Tex Insulation Co., 39 S.W.3d 591, 598 (Tex. 2001) (Article 1, Section 17 of the Texas Constitution waives immunity from suit for an inverse condemnation claim)). Accordingly, the GBRA has no immunity from suit or liability in connection with the constitutional claims asserted against it herein. 17. Likewise, because the alternative or additional statutory claims asserted against the GBRA are expressly authorized by Section 2007 of the Texas Government Code, the GBRA also has no immunity from suit or liability in connection with the statutory claims asserted against it herein. TEX. GOV’T CODE § 2007.004(a) (“Sovereign immunity to suit and liability is waived and abolished to the extent created by [Chapter 2007 of the Texas Government Code].”). 18. The claims asserted by Plaintiffs herein are asserted under the Texas Constitution and Texas statutory law. Plaintiffs do not assert any claim under the United States Constitution or Federal statutory law. Plaintiffs’ claim are purely Texas law claims. V. VENUE 19. Venue is proper in Guadalupe County, Texas pursuant to Section 15.002 of the Texas Civil Practices & Remedies Code because Guadalupe County, Texas is the county in which a substantial part of the events, acts or omissions giving rise to the claims asserted occurred. Plaintiffs’ Property is located and present in Guadalupe County, Texas. 20. Venue is also proper in Guadalupe County, Texas pursuant to Section 15.011 of the Texas Civil Practices & Remedies Code because the claims and causes of action set forth PLAINTIFFS’ ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF PAGE 5 OF 29 herein seek, among other things, recovery of damages to real property located in Guadalupe County, Texas. Plaintiffs’ Property is located and present in Guadalupe County, Texas. 21. Venue with respect to Plaintiffs’ statutory claims under Section 2007 of the Texas Government Code also is proper in Guadalupe County, Texas because the real property at issue is located in Guadalupe County, Texas. See TEX. GOV’T CODE § 2007.021(a). VI. STATEMENT OF FACTS A. THE PURPOSE AND POWERS OF THE GBRA INCLUDES THE AUTHORIZATION TO MAINTAIN ITS OWN DAMS. 22. The GBRA is a conservation and reclamation district, governmental agency, and political subdivision of the State of Texas created by special act of the Texas Legislature in 1933 as the Guadalupe River Authority under Article XVI, Section 59, of the Texas Constitution and reauthorized by special act of the Texas Legislature as the Guadalupe-Blanco River Authority and codified in Article 8280-106 V.T.C.S. Article XVI, Section 59(a), (b) and (c): (a) The conservation and development of all of the natural resources of this State, and development of parks and recreational