Charles N. Draper v. Greg Guernsey, in His Official Capacity as Director of Planning and Development Watershed Protection Review Department And City of Austin

November 15, 2016

CHARLES N. DRAPER,

Appellant, Pro Se § CAUSE NO. 03-16-00745-CV
§
V. § IN THE THIRD COURT

§ OF APPEALS
GREG GUERNSEY, §
IN HIS CAPACITY AS DIRECTOR OF § at Austin, Texas
PLANNING AND DEVELOPMENT §
WATERSHED PROTECTION §
REVIEW DEPARTMENT, §
AND CITY OF AUSTIN §
§
Appellee. §
§

TRIAL COURT PAST-DUE NOTICE
FINDING OF FACTS AND CONCULSION OF LAW, and
NOTICE OF APPELLANT'S BRIEF

Appellant, Pro Se: Appellee:

Charles N. Draper Greg Guernsey, in his Capacity
160 Maeves Way Director ofPlanning and
Austin, Texas 78737 Development, Watershed
Phone: (512) 699-2199 Protection Review Department,
Email: cd@teiasland.com and City ofAustin

Andralee Cain Lloyd,
Law Department,
Assistant City Attorney
City Hall, 301 West 2n3 Street
PO Box 1088, Austin TX 78767-1088
Phone: (512) 974-2918
RECEIVED Fax: (512) 974-1311
NOV 1 5 2016
 PAST-DUE NOTICE
FINDING OF FACTS AND CONCULSION OF LAW

On November 15th, 2016, appellant notified the District Court of their failure to

timely comply with CPRC Rules §297, Finding of Facts and Conclusions of Law.

Justice Karin Crump's letter dated October 18th, 2016 response was; "Finding of

Facts Conclusion of Law are neither required nor appropriate following summary judgment

ruling; therefore, the Court respectfully denies Plaintiffs Requestfor Finding ofFact and

Conclusion ofLaw".

Under TRCP § 299, Refusal of the Court to make a finding of fact requested shall

be reviewable on appeal. "Harm to the complaining party is presumed unless the contrary

appears in the face of the record when the party makes a proper and timely request for

findings, and the trial court fails to comply. Error is harmful if it prevents an appellant from

properly presenting a case to the appellant court." Tenery v. Tenery, 932 S.W. 2d 29, 30

(Tex. 1996)

Past-Due Notice ofFindings ofFacts and Conclusions ofLaw were filed November

15th, 2016 and recorded with Travis County District Court. A certified copy was sent to

Defendants.

JUSTICE CRUMP'S LETTER

On October 28th, 2016, Honorable Judge Karin Crump in the 419th District Court
issued a letter, denying appellant's request for finding of facts and conclusions of law.

Justice Crump erred and should not have denied appellant's motion as a rule of law. The

result ofJustice Crump refusal; the Courts forfeits their plenary powers, under TRCP § 329b.

Any order that interferes with or impairs the effectiveness of the relief sought may

be granted an appeal, TRAP Rule §24.4..
 NOTICE: APPEALLENT BRIEF

Under TRAP §25.1 §26.1 §32.1, Appellant will submit Appellant's Briefs within

90 days from Notice ofAppeal and Requestfor Findings ofFact and Conclusions ofLaw;

pending any additional Court' findings of facts or conclusions of law.

CONCLUSION

Charles Draper, appellant, asks the Appellate Court to amend the orders to include

permission to appeal the orders. Copies of the orders, and letters are attached as Exhibits.

Notice ofAppeal and Request-for Findings ofFact and Conclusions ofLaw were filed

on October 24th, 2016. Under CPRC Rules §297, The Court has 40 days from the original

request to respond to Plaintiffs Notice of Findings of Fact and Conclusions of Law.

PRAYER

For these reasons, Appellant, Charles Draper asks the Court to sign an order granting

Charles Draper permission to appeal orders, and letters issued October 18th, 2016 and

October 28th, 2016 by Justice Karin Crump and review all pending maters.

Respectfully submitted,

Charles N. Draper
/~*UA~1x«n XT T\MAMAM '

Appellant
160Maeves Way
Austin, Texas 78737
Phone: 512.699.2199
Email: cd@,tejasland.com
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 15th, 2016, a true and correct copy of the foregoing;
Appellant's Past-DueNoticefor FindingofFacts and Conclusions ofLaw, and Appellant's Brief'was sent by
certified mail, return receipt request to Andralee Cain Lloyd, Austin Law Department, City Hall, 301 West 2nd
Street. P.O. Box 1088, Austin, Texas 78767-1088 -
Appellee: ^T>^-—•+•'&•>
Andralee Cain Lloyd,
Assistant City Attorney, Law Department, City of Austin
City Hall, 301 West 2rd Street
P.O. Box 1088
Austin, Texas 78767-1088
(512)974-2918
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Velva L Price, District Clerk

VASUBEHARA GRACE MCGEE
JUDGE KARIN CRUMP
Staff Attorney Court Operations Officer
(512)854-9903 250TH DISTRICT COURT (312) 854-4807
HEMAN MARION SWEATT
JAMIE K. FOLEY TRAVIS COUNTY COURTHOUSE 1FRAIN "F1N0" ALANIZ
Official Reporter Court Clerk
P.O. BOX 1748 (512) 854-5800
(512)854-9321
AUSTIN, TEXAS 78767
(512) 854-9312
(512) 854-2469 (FAX)

October 28,2016

Mr. Charles N. Draper Ms. Andralee Cain Lloyd
160Maeves Way Assistant City Attorney
Austin, Texas 78737 City of Austin-Law Department
VIA ELECTRONIC MAIL: P.O. Box 1088
cd®teiasland.com Austin, Texas 78767-1088
VIA ELECTRONIC MAIL
andralee.llovd(5)austintexas.eov

Re: Cause No. D-l-GN-13-000778; CHARLES N. DRAPER V. GREG GUERNSEY,
IN HIS CAPACITY AS DIRECTOR OF PUNNING AND DEVELOPMENT
tth
WATERSHED PROTECTION REVIEW DEPARTMENT, ETAL.; in the 419d
District, Travis County, Texas.

Dear Mr. Draper:

I have received Plaintiffs Request for Findings of Fact and Conclusions of Law relating
to the Court's Order Granting Defendants' Traditional and No-Evidence Motion for Summary
Judgment, signed by this Court on October 18, 2016 (the "Order") following a non-evidentiary
hearing on October 11, 2016. Findings of Fact and Conclusions of Law are neither required nor
appropriate following a summary judgment ruling; therefore, the Court respectfully denies
Plaintiffs Request for Findings of Fact and Conclusions of Law.

Sincerely,

Ka/nTCnmip
Jddge^Oth District Court
Travis County, Texas
Original: Velva L. Price, District Clerk

004869584
1

Filed fn The District Court
ofTravis County, Texas ^^

NO. D-l-GN-13-000778 At OCTf?tz^
18 2016 tft
fk
CHARLES N. DRAPER § IN THE DISTRIcTcoWOF*** ^
§
Plaintiff, §
§
v- § TRAVIS COUNTY, TEXAS
§
GREGGUERNSEY, IN HIS CAPACITY §
AS DIRECTOR OF PLANNING AND §
DEVELOPMENT WATERSHED §
PROTECTION REVIEW DEPARTMENT §
ANDCITY OF AUSTIN, §
Defendants. § 419™ JUDICIAL DISTRICT
ORDER ON MOTION FOR SUMMARY JUDGMENT

On October 11, 2016, the Court considered Defendant's First Amended Traditional and

No-Evidence Motion for Summary Judgment and Defendants' Motion to Strike Plaintiffs

Evidence. Plaintiff appeared representing himself Pro Se and Defendants appeared through their
counsel ofrecord. After reviewing the pleadings on file, Defendants' motions and any responses
thereto, the evidence presented, and arguments of the parties, the Court is of the opinion that
Defendant's Motion to Strike Plaintiffs Evidence should be DENIED and Defendant's First

Amended Traditional and No-Evidence Motion for Summary Judgment should beGRANTED.

IT IS THEREFOREORDERED that Defendants' Motion to Strike Plaintiffs Evidence is
DENIED.

IT IS FURTHER ORDERED that Defendants' First Amended Traditional and No-

Evidence Motion for Summary Judgment is GRANTED. Accordingly, Plaintiffs lawsuit
against Defendants is DISMISSED with prejudice to re-filing and all relief requested against
Defendants is DENIED.

Order on Motion for Summary Judgment
< \

This Order disposes of all parties and all claims pending before the Court. It is, therefore,
a final and appealablejudgment.

SIGNED this October /? . 2016

judge-presiding
:rump

Page2 of2
Orderon Motion for Summary Judgment
 IN THE DISTRICT COURT OF
TRAVIS COUNTY, TEXAS
419th JUDICIAL DISTRICT

CHARLES N. DRAPER, §
§
Plaintiff, ProSe §
§
§ CAUSE NO. D-1GN-13-000778
§
GREG GUERNSEY, §
IN HIS CAPACITY AS DIRECTOR OF §
PLANNING AND DEVELOPMENT §
WATERSHED PROTECTION §
REVIEW DEPARTMENT, §
AND CITY OF AUSTIN §
§
Defendants. §

PLAINTIFF'S NOTICE OF PAST-DUE
FINDINGS OF FACT & CONCULSION OF LAW

Plaintiff, Charles Draper, gives the Court notice that its findings of fact and conclusions of

law are past-due and ask the Court to file findings of fact and conclusions of law.

INTRODUCTION

1). Plaintiff, Charles Draper, sued defendants, Greg Guernsey, et al, for fraudulent

misrepresentations, violation plaintiffs constitutional-vested-rights, under Texas

Constitution, Article 1, §17 (a), (160), (161), additional torts on March of 2013.

2). The honorable Justice Karin Crump's Court signed attached judgment on October 18th, 2016.

FIRST REQUEST

3). Plaintiff, Charles Draper ask the Court to file findings of fact and conclusions of law and

require the court clerk to mail copies to all parties as requested on October 24th, 2016 under

CRCP Rule §297. R[ed •„ Tne ^^ ^
of Travis County, Texas
4). Plaintiff request was past-due 20 days after request was filed, CRCP Rule §297. ^
NOV 15201^
At l^-^Ca^ m.
Velva L. Price, District Clerk
 TRIAL COURT RESPONSE

5). The Honorable Justice Karin Crump's letter on October 18th, 2016 response was; "Finding

of Facts Conclusion of Law are neither required nor appropriate following summary judgment

ruling; therefore, the Court respectfully denies Plaintiffs Requestfor FindingofFact and

Conclusion ofLaw".

6). TRCP § 299, Refusal of the Court to make a finding of fact requested shall be reviewable

on appeal. "Harm to the complaining party is presumed unless the contrary appears n the face

of the record when the party makes a proper and timely request for findings, and the trial court

fails to comply. Error is harmful if it prevents an appellant from properly presenting a case to

the appellant court." Tenery v. Tenery, 932 S.W. 2d 29, 30 (Tex. 1996)

Respectfully submitted,

Charles N. Draper
160 Maeves Way
Austin, Texas 78737
Phone: 512.699.2199
Email: cd(a),teiasland.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 15, 2016, a true and correct copy of the foregoing Plaintiff's Past-due
Noticefor Finding ofFact & Conclusions ofLaw was sent by certified mail, return receipt request to Andralee
Cain Lloyd, Austin Law Department, City Hall, 301 West 2nd Street. P.O. Box 1088, Austin, Texas 78767-
1088

Andralee Cain Lloyd, Assistant City Attorney
Law Department
City of Austin
City Hall, 301 West 2nd Street
P.O. Box 1088
Austin, Texas 78767-1088
(512)974-2918
Fax:(512)974-2918
 Filed in The District Court
of Travis County, Texas

OCT 2 8 2016 r?
At "P^i ffo Km.
Velva L. Price, District Clerk

GRACE MCGEE
VASU BEHARA JUDGE KARIN CRUMP Court Operations Officer
Staff Attorney
(512) 854-9903 250TH DISTRICT COURT (512)854-4807
HEMAN MARION SWEATT
JAMIE K. FOLEY TRAVIS COUNTY COURTHOUSE IFRAIN "FINO" ALAMZ
Official Reporter Court Clerk
P.O. BOX 1748 (512)854-5800
(512)854-9321
AUSTIN, TEXAS 78767
(512) 854-9312
(512) 854-2469 (FAX)

October 28,2016

Mr. Charles N. Draper Ms. Andralee Cain Lloyd
160Maeves Way Assistant City Attorney
Austin, Texas 78737 City of Austin-Law Department
VIA ELECTRONIC MAIL: P.O. Box 1088
cd(5)teiasland.com Austin, Texas 78767-1088
VIA ELECTRONIC MAIL
andraleeMovd(ajqustintexas.eov

Re: Cause No. D-l-GN-13-000778; CHARLES N. DRAPER V. GREG GUERNSEY,
IN HIS CAPACITY AS DIRECTOR OF PLANNING AND DEVELOPMENT
WATERSHED PROTECTION REVIEW DEPARTMENT, ETAL.; in the 419th
District, Travis County, Texas.

Dear Mr. Draper:

I have received Plaintiffs Request for Findings of Fact and Conclusions of Law relating
to the Court's Order Granting Defendants' Traditional and No-Evidence Motion for Summary
Judgment, signed by this Court on October 18, 2016 (the "Order") following a non-evidentiary
hearing on October 11, 2016. Findings of Fact and Conclusions of Law are neither required nor
appropriate following a summary judgment ruling; therefore, the Court respectfully denies
Plaintiffs Request for Findings of Fact and Conclusions of Law.

Sincerely,

KapfiTCnimp
Jddge^Oth District Court
Travis County, Texas
Original: Velva L. Price, District Clerk

004869584
,*

Filed In The DistrictCourt
of Travis County, Texas

OCT 18 2016 m
NO. D-l-GN-13-000778 At fftZr &*
CHARLES N. DRAPER § IN THE DISTRICT CoW^'8*
§
Plaintiff,
§
v- § TRAVIS COUNTY, TEXAS
§
GREG GUERNSEY, IN HIS CAPACITY §
AS DIRECTOROF PLANNING AND §
DEVELOPMENT WATERSHED §
PROTECTION REVIEW DEPARTMENT §
ANDCITY OF AUSTIN, §
Defendants. § 419™ JUDICIAL DISTRICT
ORDER ON MOTION FOR SUMMARY JUDGMENT

On October 11, 2016, the Court considered Defendant's First Amended Traditional and
No-Evidence Motion for Summary Judgment and Defendants' Motion to Strike Plaintiffs
Evidence. Plaintiffappeared representing himselfPro Se and Defendants appeared through their
counsel ofrecord. After reviewing the pleadings on file, Defendants' motions and any responses
thereto, the evidence presented, and arguments of the parties, the Court is of the opinion that
Defendant's Motion to Strike Plaintiffs Evidence should be DENIED and Defendant's First
Amended Traditional and No-Evidence Motion for Summary Judgment should be GRANTED.
ITIS THEREFORE ORDERED that Defendants' Motion to Strike Plaintiffs Evidence is
DENIED.

IT IS FURTHER ORDERED that Defendants' First Amended Traditional and No-

Evidence Motion for Summary Judgment is GRANTED. Accordingly, Plaintiffs lawsuit
against Defendants is DISMISSED with prejudice to re-filing and all relief requested against
Defendants is DENIED.

Order on Motion for Summary Judgment age °
• V

This Order disposes of all parties and all claims pending before the Court. It is, therefore,

a final and appealable judgment.

SIGNED this October /£ ,2016

JUDGE^RESIDING
KARINCRUMP

Page: of2
Orderon Motion forSummary Judgment