Friday, February 4, 2011

Julianne's Lawsuit

I got the permission of Don Mahan to cross post this from a message he posted on the Yahoo Group "TR_BIGBENDVALLEY" He like I think all TR land owners need the real truth.

By Don Mahan

The Evidence!!!

On Monday and Tuesday of this week I attended a trial in Alpine
regarding the lawsuit brought forth by Julianne Braun.

Julianne presented 17 documents of evidence to the Judge, jury, defense
attorney, most of the current POATRI board, and interested property
owners.

The evidence consisted of two (2) documents filed by POATRI that were
alleged to be fraudulent and (15) documents submitted to prove that the
first two (2) documents submitted contained fraud. All the documents
were either documents filed at the Brewster county courthouse or
documents from POATRI.

The defense attorney presented no evidence that the evidence submitted
by Julianne Braun was not true factual evidence. The defense lawyer did
object to each and every document of evidence submitted to the court
stating that "The evidence was not relevant because Julianne did not
own her land when the document was filed". The judge overruled all
the objections accept one concerning liens.

The defense attorney in his cross examination of Julianne Braun and his
presentation of evidence did not refute the evidence produced by
Julianne Braun. The defense attorney asked the judge for a directed
verdict in favor of his client on a technical item because Julianne had
not filed under the proper section of the law. The judge ruled in favor
of the defense attorney's interpretation and the jury was dismissed.

Ladies and gentlemen, the suit was lost on a technical item, but the
evidence still stands. Hopefully Julianne will present a summary of all
the evidence presented. Also she has the option to appeal the judge's
ruling.

A polling of the jury after the trial indicated that most believed that
POATRI had wronged the property owners based on the evidence presented
Julianne Braun. The current board heard evidence that the property
owners of Terlingua Ranch had been wronged by a previous board of
directors.

Now what will the current board do with the evidence they heard
presented at the trial? They heard exactly how the previous board had
manipulated the bylaws and TRMA to raise maintenance fees.

They can no long plead no knowledge of previous wrongdoings of the
previous board. Tanya Phillips, Charlie Oaks, Marbert Moore, Vernon
Stump, Randolph Williford, Frank Oxsheer, and Jeff Daly (partime) heard
the evidence. Dori Ramsey and Dr. Paul Burger did not attend the
lawsuit.

I think the board will not do a thing, to right the wrong done by the
previous board. Why do I say that, because the present board is already
making false statements about the trial? On the POATRI web site Tanya
Phillips has stated:

"LAWSUIT Update - J Braun vs. POATRI -

Judge entered a Directive Verdict based on lack of evidence to show
fraud".

The above statement is clearly false because the trial was won on a
technical error, not based on a lack of evidence to show fraud. I call
on Tanya Phillips to remove this false statement from our Web site.

Don Mahan

9 comments:

  1. I think Julianne is a smart and tough woman. I admire that she has gone this far alone....I am sure what she decides to do will be the right thing. A round of applause for her tenacity so far!

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  2. The problems with Poatri go much, much deeper...Julianne's case was just the tip of the iceberg. I am proud to be a member NOT in good standing...I don't pay the fees, I don't use the Lodge facilities, and I complain every time their grader does damage to my road.

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  3. I think you're right John. I think it stinks.

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  4. Julianne is defiantly one of the heroes of this ranch. The "Trial" was BS. Unfortunately, in this country it seems to take a lot of money to right a wrong. Is there some way we could donate to Julianne's cause if she decides to go for an appeal?

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  5. we should be leaving odessa around 7;30 put us there bout 10:45 will call from alpine

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  6. DLS, that's a good thought.

    RN, Frann wants us to pick her up some stuff. She didn't want to get out in the cold. ;)

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  7. I've had all the cold weather I want for a while..and I need to stick around and hold hell dog's paw!

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  8. Would be nice if Julianne would jump in here and give us an idea of what she might have in mind.

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  9. @John Wells,

    Much respect to you. I am a long time reader of your blog. Cool of you to stick it to the ranch tax extortion.

    Can anyone point out the past ranch annual fee? Seems like it's gone up in a few times in the short few years we have been interested in the area.

    This case being dismissed the way it was is an utter travesty. There is nothing preventing the case from being appealed or likely better, refiled with modified standing and argument.

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