VOL 8 No. 47
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FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, NOVEMBER 25, 2015
P. O.BOX 623, SUGAR LAND, TX 77487-0623
Official newspaper of Fort Bend County, Missouri City & Sugar Land
Johnson Development plans a new community in Fort Bend
The Johnson Development Corp. has acquired a 590-acre property in Richmond near the northwest corner of Williams Way Boulevard and U.S. 59 for a master-planned community offering up to 2,500 new homes that will embrace the legacy of one of Texas’ most historic towns. This will mark the company’s seventh Fort Bend master-planned community. See story on Page 3.
Legal battle over a locked gate By SESHADRI KUMAR The First Colony Community Association has decided to continue its litigation over a gate installed by a resident in a landscape area, after more than three years of litigation and legal fees in thousands of dollars. The Association filed suit against Arthur J. Valentz and Lynn Valentz on October 1, 2012, seeking declarations from the Court that Reserve “E” (the “Landscape Easement”) is and continues to be Common Area; and that as a Common Area, owners in First Colony have the right to use and enjoy Reserve “E”; and that the Landscape Easement does not authorize Defendants to enclose Reserve “E” with fences or locked gates for their exclusive use or for the purpose of preventing other owners in First Colony from going on to Reserve “E.” On October 16, 2015, the 268th Judicial District Court of Fort Bend County, Judge Brady Elliott held a hearing to consider Defendants’ Motion for NoEvidence Summary Judgment. The Court considered responses offered, evidence submitted, and arguments of Counsel. Following the hearing on October 16, 2015, the Court granted Defendants’ Motion for No-Evidence Summary Judgement. On Nov. 15, the association filed a motion to reconsider the summary judgement and requested the court to vacate the summary judgment order, saying that the court ruled on certain issues which were not even addressed by the defendant’s motion. Defendants. the Valentz family, own a property on Pipers Walk in Sweetwater, Section One. The rear property line of the lot is adjacent to a portion of the Sweetwater Country Club Golf Course. Defendants also own a small portion of land adjacent to the lot which was part of Reserve “D” of the Sweetwater Country Club Golf Course, as well as a small portion of Reserve “E”, which is a landscape reserve adjacent to the lot (on the east side). The remainder of Reserve
“E” is owned and/or controlled by the Association. In 2000, the Association granted to Defendants a nonexclusive landscape easement on and across the Landscape Easement, a community access point, for the purpose of installing, constructing, maintaining and replacing landscaping and appurtenances only. The Landscape Easement did not grant Defendants the authority to block or prevent First Colony’s members’ access through the Landscape Easement, which was created for the purpose of providing a walkway for members within the community, according to the association. Contrary to Defendants’ representations, Defendants constructed or installed landscaping and appurtenances, including a brick walkway and wrought iron fencing, in the reserve. However, from 2002 until 2011, the reserve and walkway remained open, meaning that other members of First Colony were able to walk across the reserve from the front of the reserve adjacent to Pipers Walk through to the golf course at the rear of the reserve. In the first half of 2011, gates at the front of the reserve were unilaterally closed and locked by Defendants, thereby preventing a person from entering the reserve. The Association requested that Defendants remove the lock and leave the gates open. Although Defendants initially complied with this request; later in 2011, the gates were again closed and locked. In summary, the locked gates, together with the other fencing erected by Defendants on the reserve, intentionally and wrongfully deny other owners’ access to the Common Area, owned by the Association for the benefit of all homeowners, the association said in its motion. The Valentz family claimed that the association had approved the fence, the gate is part of the fence, and hence legal.
A trial court has authority to reconsider its own rulings as long as it retains jurisdiction. A no-evidence summary judgement should not be granted if the respondent counters with more than a scintilla of probative evidence raising a genuine issue of material fact, the association argued in its motion to reconsider the judgement. Defendants’ Motion for No Evidence Motion for Summary Judgment is devoid of any specific challenges to the elements of the Association’s claims or challenges to its evidentiary support, the association said. The Court’s Order granting Defendants’ Motion for No Evidence Summary Judgment should also be vacated because a no-evidence summary judgment is improper when neither party argued that the Landscape Easement and/ or Declaration were ambiguous. Because neither party has argued that the Landscape Easement or Declaration are ambiguous, no evidentiary question was posed to the Court, and a no-evidence summary judgment was an improper vehicle to interpret the Landscape Easement and the Declaration. In summary, Defendants go too far in morphing their maintenance obligations into a possessory right to exclude others. Defendants’ main argument in support of its summary judgment is that Landscape Easement’s use of the word fences permits them to install a gate that excludes the world from occupying the Easement Area. Despite Defendants’ unsupported contention that a gate is a “subclass” of fence, the Landscape Easement is silent as to the term gates, the association said. Attorney Russell Jones represents the defendents, The Valentz family. Dustin C. Fessler of the law firm Roberts Markel Weinberg Butler Hailey PC represents the First Colony Community Association,
Smart Financial Foundation presents Lifetime Achievement and Community Impact Awards Community members, local businesses and civic leaders gathered for the inaugural Smart Financial Foundation Fall Luncheon on Friday, October 30 at the Junior League of Houston. The luncheon celebrated the achievements of two individuals who exemplify the Smart Foundation’s mission to change lives, improve communities and achieve dreams – Richard “Dick” Ensweiler, CEO of the Cornerstone Credit Union, and Dee Koch, Director of Engagement for the George Foundation. “On behalf of the Smart Financial Foundation, we are honored to recognize Mr. Ensweiler and Ms. Koch for their dedication to the community. We are inspired on a daily basis by their unwavering commitment to others,” said Virginia “Jenny” Smith, president of the Smart Financial Foundation. In recognition of his dedication to the credit union movement, the Smart Financial Foundation’s first Lifetime Achievement Award was presented to Richard “Dick” Ensweiler. In addition to serving as the CEO of the Cornerstone Credit Union League (formerly Texas Credit Union League), Ensweiler is the chairman of CU Partner Link and Credit Union house and serves on several boards including the Credit Union Museum and his alma mater Lakeland College, among others. Well known throughout the credit union movement as a visionary leader, Ensweiler began his lifelong career serving as a teller for the State Central Credit Union in Milwaukee. The Smart Financial Foundation also recognized Dee Koch with its first Community Impact Award. As Director of Commu-
Dee Koch, left, and Richard Ensweiler nity Engagement for The George Foundation, Koch plays a pivotal role in directing the organization’s generosity to causes that enhance the lives of those in need in the Fort Bend Community and scholarship opportunities for local students. Notably, she established the organization’s Youth in Philanthropy (YIP) program, which promotes volunteerism among young adults, and the Leadership for Non-Profit Excellence, which is a year-long program aimed at enhancing the organizational governance and effectiveness of non-profit leaders. Koch’s impact on the community was further underscored when Texas State Rep. Rick Miller presented a special proclamation in honor of Koch’s 25 years of service to the community during the awards ceremony. “In recognition of our honorees’ dedication and impact to the community, the Smart Financial Foundation has made dona-
tions in Mr. Ensweiler’s name to the Cornerstone Credit Union League Foundation and in Ms. Koch’s name to the Youth in Philanthropy program,” said Smith. More than 200 individuals were in attendance at the inaugural event. Dedicated to changing lives, improving communities and achieving dreams, the Smart Financial Foundation was formed in 2013. One of its biggest initiatives is providing funds for the Smart Financial Foundation Ruby Sue Clifton program along with other established local scholarship programs, which help further the education of our youth, adult students, and the medical community. The Smart Financial Foundation also supports charities that help children, indigent healthcare and the educational community. For more information visit www.smartcu.org/Home/SmartFoundation or contact Tiffany Halfon, at 713-407-1923.