Hetul Bhakta DBA Budget Inn v. Texas Department of Transportation and Ballenger Construction Company

■_ —i o
Electronically Filed
3/30/2015 2.59:37 PM
Noe Guerra Jr.. District Clerk
Brooks County, Texas
Reviewed ByVanessa Martinez

CAUSE NO. 1I-04-15888-CV

HETUL BHAKTA D\B\A BUDGET INN § IN THE DISTRICT COURT OF

§
VS $ BROOKS COUNTY, TEXAS
§
TEXAS DEPARTMENT OF §
TRASNPORTATION AND §
BALLENGER CONSTRUCTION §
COMPANY, INC. § 79TI[ JUDICIAL DISTRICT

NOTICE OF APPEAL

Plaintiff HetuI Bhakla D\B\A Budget Inn files his notice of appeal of the trial court's

Final Judgment granting of the Texas Department of Transportation's Plea to the Jurisdiction.

Respectfully submitted,

^2 V. GONZALEZ & ASSOCIATES. P.C.
121 North 10th Street
McAllcn. Texas 78501
Telephone: (956) 630-3266
— -\3 Facsimile: (956) 630-0383
- — - ■— :-
-S " . ■. liv:-'.v- AloY.shix Paler Thaddeus. Jr.
ALOYSIUS PETER THADDEUS, JR.
V;:: S Slate Bar No. 198 19500
ATTORNEY FOR PLAINTIFF

Notice of Appeal Page 1
 CERTIFICATE OF SERVICE

The above and forgoing document has been served on all attorneys of record in

accordance with the Texas Rules of Civil Procedure on this the 16"' day of March 2015.

Via Facsimile: (512) 472-3855
Susan Bonnen
Office ofthe Attorney General
Transportation Division
P.O. Box 12548
Austin. Texas 78711-2548

VIA TAX: 214) 363-9979
Steve Snelson
Atlorney at Law
Gerstle. Minissalc & Snelson. l.LP
5005 Greenville Avenue. Suite 200
Dallas. 1X75206

/s/ Alovsius I'cler Thac/ckus, Jr.
AI.OYS1US PETER THADD1£US. JR.

Notice of Appeal Page 2
Electronically Filed
3/6/2015 3 53 02 PM
Noe Guerra Jr., District Clerk
Brooks County. Texas

Reviewed By Vanessa Martinez

CAUSE NO. 11-04-15888-CV

HETUL BHAKTA d/b/a BUDGET IN THE DISTRICT COURT
INN, §
§
Plaintiff, §
5
vs. § 79th JUDICIAL DISTRICT
§
TEXAS DEPARTMENT OF §
TRANSPORTATION AND §
BALLENGER CONSTRUCTION §
COMPANY, INC. §
§
Defendant. BROOKS COUNTY, TEXAS

AGREED FINAL JUDGMENT

On the _ _ day gpiarcn ^ 2015 came on to be heard the above styled and numberec

cause. Plaintiff, iletul Bhakta d/b/a Budget Inn appeared by and through his attorney of

record Aioysius Peter Thaddcus, Jr. Defendant, Ballenger Construction Company, [nc.

("Ballenger Construction") appeared by and through its attorney of record Steve Snelson.

The parties announced they had resolved the disputed matters between them and have

agreed on the entry of this judgment. The Texas Department of Transportation did noi

appear having already been dismissed by the court through an interlocutory Order. After

considering the pleadings on file with the Court, the Court finds the following:

I. Pursuant to the agreement between thfl Plaintiff and Ballenger Construction the

Court finds that Plaintiff sustained damages to Plaintiffs motel located in Falfurrias,

Brooks County, Texas as a result of multiple flooding incidents arising out of the

construction upgrade of U.S. Highway 281\lnterstate Highway 69C. As part of the

settlement the insurance carrier on behalf of Ballenger Construction agreed to pay for

damages to the properly that was not paid for through any payment by the Federal

Emergency Management Agency ("FEMA"). Under the terms of the settlement agreement

the Plaintiff and Ballenger Construction agreed to settle claims for the Plaintiffs alleged

losses of: motel rental income; demolition labor costs; loss of furnishings for carpet, beds.

Agresii Final Judgment Hage
 chairs, dressers and other motel furniture that were damaged result of the various flooding

events.

2. Therefore, as a result of the settlement between Plaintiff and the payment thai has

been made on behalf of Ballenger Construction and received by Plaintiff, the Court hearby

orders that Plaintiff take nothing from Bailenger Construction.

3. The Court also finds that Plaintiff brought claims of inverse condemnation,

nuisance and negligence against the Texas Department of Transportation (TxDOT).
Plaintiff alleged that three to four separate flooding events at his Falfurrias motel resulted

from actions of the State of Texas acting through TxDOT during the highway

reconstruction. Plaintiff further alleged that the manner in which TxDOT conducted the

highway reconstruction caused the flooding events which shut down plaintiffs business

for long periods of time. Plaintiff lastly alleged that these flooding events constituted .1

constitutional taking of real property in violation of the Texas State Constitution resulting
in inverse condemnation by the State of Texas of the Plaintiffs property. The Court after

considering the motion and arguments of counsel, and evidence admitted granted TxDOTs

Plea to the Jurisdiction and by interlocutory Order dismissed the Plaintiff's claims agains:

TxDOT. As the interlocutory' Order was never severed it will become final once this
Agreed final Judgment is signed by the Court.

4. Therefore, this judgment is final and disposes of all claims and all parties, and is
appealable.

March 9
SIGNED FOR ENTRY on .2015.

JIjDGE PRESIDING
AGREED.

Afavsius Peter Thtudleits, Jr. Sieve Snelson
ALOYSIUS Pf£TIiR THADDEUS, JR. Steve Snelson
Attorney for the Plaintiff Attorney for Ballengcr Construction
Co.

Agreed Final Judgment Page 2
 United States Po^OffefcUuJE CHRIS"" I
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PS Form 3800. flugusl 20D6
See Reverse lor Instructions
5/6/2015 Re: Hetul Bhakla Appeal - Hilda Caldweil

Re: Hetul Bhakta Appeal

Peter Th

Thu4/9/2015 4:33 PM

Inbox

To Vanessa Martinez ;

C:HMaCaldwell;

Thank you . We will gel that check to you as soon as we can.

Aloysius Peter Thaddeus, Jr.
Attorney and Counselor at Law
Law Offices of V. Gonzalez & Associates L.P.
121 North Tenth Street
McAllen, Texas 78501
956.630.3266
956.630.0383

From: Vanessa Martinez

Sent: Thursday, April 9, 2015 4:29 PM

To:PeterTh

Subject: Hetul Bhakta Appeal

Mr.Thaddeus,

I'm emailingyou to inform you of the cost to prepare the clerk's record, he
total cost wiH be $346.00. If you could please mail us a check to pay for this as soon
as possible it would be greatly appreciated. Thank you and if you have any questions
please don't hesitate to contact me.

Vanessa Martinez,
Brooks County Deputy Clerk
Civil/Criminal Division
P.O. Box 534
100 East Miller
Falfurrias, Texas 78355
(361)325-5604 x 161

htlps: tort I ook. offi ce365.com/owa/projectiona5px 1/2
aQ2015 Re: Haul Bhakta Appeal - Hilda CalAvell

Facsimile (361) 3^5-5679

tittpsl/'outioc*.office365.ccni/cv/a'prciecliori.aspx 2/2
 4/10/2015

BROOKS COUNTY DISTRICT COURT "346.00

Three Hundred Forty-Six and 00/100"*****""""*

BROOKS COUNTY DISTRICT COURT

HETUAL BHAKTA APPEAL 11 -04-15888CV

BROOKS COUNTY DISTRICT COURT 4/10/2015
HETUALBHAKTA APPEAL 346.00

BUSINESS ACCOUN HETUAL BHAKTA APPEAL 11-04-15888CV 346.00

BROOKS COUNTY DISTRICT COURT 4/10/2015
HETUAL BHAKTA APPEAL 346 00

BUSINESS ACCOUN HETUAL BHAKTA APPEAL 11-04-15888CV 346.00
 The Law Offices of
V. Gonzalez & Associates, P.C.

121 N. K
McAllen, Texas 78501
(95fi) 630-3266 Office
(956) 63U-0383 Facsimile

VICENTE CO.NZALEZ ALO\ Sil 5 FETEK IHADDEUS JR. PaPE .MaIICK D.FlItA PEYTON S. K.V.MPA*
Attorney At Law Aliomey Al Laiv Allornty At Law Attorney Al Law
ve isj lawSjyahoo. com pcler^veoiEa Icz la w. com m J i HafaivgoTiza lezlaw. com pevton(ii)vtw>w.alL-z aw.com

March 30, 2015 -<
- .- - —

Via Certified Mail, f\>
Return Receipt Requested # 7Q'2* 64000023899 [ 197
Mr. Noe Guerra, Jr. —— ^7
Brooks County District Clerk jf"
Brooks County- Courthouse
P.O. Box 534
Falrurrias, TX 78355

Re: Cause No. 1 1-04- [5888-CV; Hetul Bhakta d/b/a Budget Inn vs. Texas Department
of Transportation And Ballenger Construction Company, Inc.; Tn the 79lil Judicial
Court of Brooks County, Texas

Dear Mr. Noe Guerra, Jr.:

The Plaintiff Hetul Bhakta d\b\a Budget Inn has filed a notice of interlocutory appeal.
Plaintiff requests that the clerk's record be prepared for the appeal. I request the following matters
be included:

1) All petitions of the plaintiff;
2) All answers of the defendants;
3) Defendant Texas Department of Transportation's Plea to the Jurisdiction and
Amended Plea to the Jurisdiction;
4) Plaintiffs Response to the Plea to the Jurisdiction and all exhibits attached.
5) All Court orders granting the Plea to Ihe Jurisdiction;
6) Plaintiffs Motion for Rehearing and Reconsideration and all exhibits attached;
Response of the Defendant Texas Dept. of Transportation to the Motion for
Rehearing and Reconsideration,
8) All exhibits admitted at the hearing on the Plea to the jurisdiction and the hearing
on the motion for reconsideration.
 promptlyly'^" * ^ *** *" ^ fo' ^^ *■ ««*■ «* -V o^, will remit to you
Should you have any questions, please contact our office.

Sincerely yours,.

YS1US PETER THADDEUS.JR
APT:
cc:

Via Facsimile: (214) 36S-9979
Steve Snelson
Attorney at Law
Gerstle, Minissale & Snelson. LLP
5005 Greenville Avenue, Suite 200
Dallas, TX 75206
Attorney for Ballenger Construction Company, Ine

Via Facsimile: (512) 472-S855
Susan Bonnen
Office of the Attorney General
Transportation Division
P.O. Box 12548
Austin, Texas 78711-254S