Many Questions Left Unanswered in TX Supreme Ct. Refusal to Protect its Citizens from Corporate Censorship

Just in from: http://www.fortbendnow.com/news/645/texas-supremes-side-with-siennajohnson-deny-bid-to-seal-deposition


Supremes Side With Developer, Deny ACLU Bid To Seal Deposition
by Bob Dunn, Jan 28, 09:53 am



The Texas Supreme Court has ended a Missouri City man’s attempt to protect identities of anonymous posters to his web site forums, denying his petition for writ of mandamus without comment.

In denying his petition, the court left forum operator Matthew Feinberg’s key questions – whether Texans have a constitutional right to make anonymous postings on the Internet, and whether a web site forum operator can be compelled to reveal the identities of those posters – unanswered.

An attorney for Sienna/Johnson Developers, which opposed Feinberg and the American Civil Liberties Union of Texas in the case, said the petitioners were misguided in construing the matter as a First Amendment case.

“Sienna believes that the ‘right’ Mr. Feinberg’s counsel argues they are attempting to protect is not a right that is implicated by this case,” said John Keville of Howrey LLP. “The ACLU, through Mr. Feinberg, says they are trying to protect the identities of all the people who used Mr. Feinberg’s website, but Sienna has never sought this information.”

Last summer, postings on Feinberg’s forums, many anonymous, criticized Sienna/Johnson, developer of the Sienna Plantation community where Feinberg lives.

The developer also had been criticized during Missouri City Council meetings as the city considered the developer’s plans to add apartment units at Sienna Plantation. Chris Calvin, a community activist also living in Sienna Plantation, spoke out against the apartment plans several times, and posted criticisms of Sienna/Johnson on Feinberg’s forums.

In August, Sienna/Johnson filed a petition with the 240th District Court in Fort Bend County seeking to take sworn testimony in the form of depositions from Feinberg and Calvin.

In its petition, Sienna/Johnson said it and its employees “have been the subjects of false and disparaging statements, including malicious accusations of criminal conduct,” made anonymously on Feinberg’s web sites.

The petition also said Sienna/Johnson believed Calvin repeatedly posted on Feinberg’s web sites using multiple pseudonyms “to create the impression that large numbers of residents of Sienna Plantation and Missouri City oppose further development by Petitioner, and thereby affect Petitioner’s economic interest.”

Among other things, the petition asked that Feinberg produce “all documents concerning the identities and IP addresses for the registered users” of Feinberg’s web sites.

Despite opposition, and last-minute appeals by Feinberg’s attorneys, the two men were deposed.

Feinberg’s petition asked the Texas Supreme Court to order Fort Bend District Judge Thomas Culver to seal the record of Feinberg’s deposition and prohibit its use in any lawsuit the developer might pursue.

However, by the time the high court considered Feinberg’s petition, Sienna/Johnson already had filed suit against Calvin for defamation and business disparagement.

“The question Mr. Feinberg wishes to raise is whether he can be required to disclose the identity of anonymous web site users in a pre-suit deposition,” Sienna/Johnson noted in its response to Feinberg’s Supreme Court petition. “That question is moot because Mr. Feinberg appeared at his deposition and answered questions (and revealed only that he did not know any such identities).”

The high court apparently agreed.

“Sienna/Johnson is certainly pleased with this proper result, and the court’s quick disposal of the petition,” Keville said. “Their petitions and appeals having been denied in every possible venue, we hope that the ACLU’s barrage of court filings is now finally completed.”

“I am disappointed that the court did not address the constitutional issue, but hope that it does so in a future case,” Laura Hermer, Feinberg’s attorney, said after the ruling. “Given the widespread use of the Internet and the growing prevalence of Internet-related SLAPP suits, it’s probably just a matter of time.”

She referred to a legal tactic that has become known as Strategic Lawsuit Against Public Participation, in which an entity might attempt to blunt criticism against it by burdening opponents with the cost of a legal defense.

“In their repeated court filings, the ACLU has not been shy about its desire to make new law, but this is the wrong case in which to make it because the facts don’t fit,” Keville said. “Please keep in mind that the gist of Sienna’s complaint has nothing to do with whether one can find out the identity behind a screen name, much less the right to anonymous free speech.”

“This case is about whether Chris Calvin has a right to make up dozens of fictitious names to create the false impression of widespread support for his disparaging statements, his false facts, and his disguised opinions,” Keville said. “We believe such fabrications have harmed and continue to harm the community, and that is what the lawsuit is about.”

“The ACLU’s appeals and petitions are about something else entirely – their desire to make law, without regard for the real families who live in Sienna Plantation and at the expense of Sienna/Johnson.”


Comment: I wonder if this means that the complaints Keville and JDC filed against the ACLU and Matthew for frivilous appeal and/or sanctions (to silence them) were also refused?

Defective Industry: What can the consumer do?

From: http://www.newhomebuildersnewsblog.com/2006/01/letter_to_rep_t.html

Letter to Rep. Todd Smith from Carole Keeton Strayhorn Texas Comptroller of Public Accounts


Austin, TX. - "In August 2005, you requested my assistance in researching the Texas Residential Construction Commission (TRCC) and its impact on Texas homeowners and the Texas economy…In a homeowner survey conducted by my office, I found that 86 percent of homeowners who responded said their builder failed to fix construction defects in their homes. And that was after going through the mandated State Sponsored Inspection and Dispute Resolution process that verified the defects…The majority of homeowners who responded to my survey are disappointed and angry that the costly and bureaucratic TRCC process does nothing to ensure their construction defects are fixed. Thus, their only recourse is binding arbitration, as required by most builder contracts, or go to court, precisely the outcome the act was created to prevent. It appears that the act and TRCC rules simply create additional roadblocks for homeowners seeking relief…After reviewing TRCC and its enabling statute, it is clear that the agency functions as a builder protection agency.

It is doubtful TRCC will significantly impact the Texas economy. But the economic impact on the homeowner with a defective home can be devastating. To balance the needs of both the homeowner and the homebuilder, TRCC should at least have statutory authority to make builders fix defects confirmed through its process. At the very least, the agency should not shift builder fees to the homeowner, should not allow public members of the commission to have ties to the construction industry and should enforce builder registration laws…In fiscal 2005, the agency spent $3.7 million on its operations. That same year, the agency collected $6.6 million from builders and homeowners. As a result, the agency transferred $2.9 million to the general fund, effectively helping balance the general state budget on the backs of homeowners. In the next two years, the agency is estimated to raise about $9.7 million a year from its fees and spend only $4.2 million a year, meaning that the agency will be putting more money in the general budget than it does into doing its job. For these reasons, if it were up to me personally, I would blast this TRCC builder-protection agency off the bureaucratic books."… (Entire report follows this letter and can be found at the link above.)

___________

Comment: I wonder how many of these builder are approved by our developer here in Sienna Plantation?

Will the Sienna Plantation Second Firestation be Delayed Again?

Will the Sienna Plantation (Mo-City) Second Firestation be Delayed Again?


Many of you remember the concern expressed by area residents in April 2005 with regard to the second planned firestation that is scheduled to be constructed in Sienna Plantation (South area) when 3000 homes are built. At that time the city manager, working with our developer, proposed a delay in the 2nd Sienna Firestation. We were successful at stopping this initiative. Recently though we contacted the Missouri City manager to get an update on the station after seeing an advertisement claiming 3000 homes currently in Sienna and learning of other issues that may impact its delivery.

Some background:

As many of you remember the South Sienna area was sold to Regents Properties in June '05 by AFG Pacific Properties (declared bankruptcy in Jan. 2005) and Johnson Development Co. of Houston (Developer of Riverstone & Sienna here in Missouri City and big campaign contributor to Mo-City Mayor Allen Owen & Currently engaged in a SLAPP-suit against Sienna homeowners and this committee after ethics complaints were lodged against their mayor in July ). To further complicate this picture we received confirmation that Regents turned around and flipped the property to another company (from sources believed to be in Arizona). One city official expressed concern over this sale and the impact it may have on long-term plans for South Sienna (thus our public safety concern).

In September Sienna MUD #1, with a developer appointed MUD board--and several former Mo-City council members serving on it, proposed that the city and MUD #1 switch responsibilities on a regional wastewater treatment facility and the 2nd firestation. The MUD board further offered to fund much of these projects (interesting considering the debt load for that MUD already is pretty high without a single home or road built in that MUD area--South Sienna--> and the fact that they have taken on some of the funding for the sports complex that will belong to the city once annexed--See Sept. 3rd article in MissouriCityChatter.blogspot.com for more on this plan).

As you can see the picture on this project is pretty clouded now, but we will continue to check in with the city on any further hurdles or delays that may impact the safety of our families here in Sienna Plantation. For the time being we don't have a road into South Sienna and no plans currently reported for one soon. The city officials we talked with won't speculate on the impact the resale and increased debt load on South Sienna will have on the delivery of the second Sienna Plantation firestation.

We will update this issue as the information is released. If you or anyone you know has additional information on the Mo-City Firestation #5 (SP FS #2) then send it to responsible_dvlpmnt@yahoo.com and we will try and check on it.

Stay informed and keep in touch!



*****
Committee for Responsible Development-SP Group
responsible_dvlpmnt@yahoo.com
http://missouricitychatter.blogspot.com
Missouri City, TX

(From FortBendNow.com) Hebert's Smears Force One Candidate Out of the Race: Small Drops Bid for Chief County Judge!

To read this entire article click on the title link above or use this address: http://www.fortbendnow.com/news/636/facing-pressure-from-his-past-prescott-small-drops-out-of-county-judge-race

Facing Pressure From His Past, Small Ends Bid For County Judge
by Bob Dunn, Jan 26, 12:19 pm

Facing mounting pressure stemming from an incident in his past, Prescott Small, Democratic candidate for Fort Bend County Judge, said Thursday he intends to have his name removed from the party ballot.

Prescott Small

However, according to Fort Bend County Elections Administrator Steve Raborn, it’s too late for Small’s name to be removed from the Democratic primary election ballot, where he faces no opposition. Small likely can have his name removed from the general election ballot.

Small, a Stafford information technology specialist, acknowledged being arrested at age 17 for breaking into a building. He said both he and his attorney believe he received a deferred adjudication, complied with required court terms and does not have a conviction on his record.

However, he said he’s been unable to ascertain whether any legal barriers to running as a candidate remain.

The incident remains a part of the public record, which Small’s opponent, incumbent County Judge Bob Hebert, noted as part of a two-page political flier he distributed earlier this month titled “Introducing Democratic Candidate Prescott E. Small.”

Small said the effort required to defend his personal reputation has added “extra pressure” on he and his wife, who have decided they would like to begin raising a family. “We just don’t think we can do both,” he added.

He also said he believes local Republicans intended to try to use his past to tarnish the images of other Fort Bend County Democratic candidates.

“I made a foolish mistake in my youth. I learned from it and I moved on,” Small said. “But apparently that’s not good enough if you’re a Democrat.

“I knew these things would come up, and I was prepared to deal with it no matter how much it hurts, because I believe I’m showing I am honest and transparent,” Small said.

“I’m enduring personal pain and I’m enduring suffering in order to tell the truth. And I think that makes me a better person.”

Hebert called Small’s decision a Democratic Party matter.

“I was prepared to run against whoever shows up,” Hebert said. “If (Small) is not going to run, then I’m happy. But it’s very much up to the Democratic Party.”

Small said he has been complying with Texas Secretary of State requirements in completing paperwork and closing out a campaign bank account. He said all campaign money on hand will be donated to the Fort Bend County Democratic Party.

As of Thursday morning, county Democratic Party Chair Elaine Bishop said she had not spoken to Small in an official capacity, and his name has yet to be officially removed from the ballot.

1 Beverly Blaha Lanfear - Jan 26, 04:42 pm
I believe in Mr. Small’s case, it is totally ludicrous in bringing up his past as a young teen. We all make mistakes in our life! Deferred adjudication is not a conviction as Stated by the Texas Law. It’s wrong in allowing these records to be sold by the Texas DPS to background check agencies. By allowing such prosecution to go on is costing millions of Texan’s who have taken deferred adjudication horrible ramifications! Why? There is no expunction law for deferred adjudication. It is insane to hold this over some body’s head, when they have gone years to never, break the law again! Did our very own President not have a DWI expunged years back? How much longer can we continue to let good, honest citizens, that have proven themselves above and beyond, to be discriminated against!? This is Justice? No way! Wake up people…for goodness sakes…wake up!

Sincerely,
Beverly Blaha Lanfear

Is the GFBCEDC Changing Their Tune on Apartment Development???

This is an excerpt from the Fort Bend Sun article by Shshadri Kumar titled "Local economy on a soaring path, says EDC " (p.1):


"Of considerable concern to the growth formula and quality initiatives of Fort Bend are the alarming number of apartment units being constructed. Over the past three years, over 3500 units were constructed.
That number is 140% of the units built for the entire 5 years prior.
The successful formula for Fort Bend has been to focus on master
planned communities and low density new residential development.
"Increased apartment construction will erode our quality initiatives over time if not controlled.
Unfortunately, much of the developable land available in the County remains in unincorporated areas or in Cities or ETJs without any form of land control. This needs to be a significant priority countywide in the near term. At the same time, we must encourage affordable housing especially for first time buyers where development follows quality standards we have come to expect in our community."


Comment: Is John Wiley cut from a different cloth than Herb? Only time will tell. I noticed too that the EDC director claims the 3500 units were a growth of 140% over the previous five years, but Sienna's developers (Johnson Development Co. of Houston, Larry Johnson, Pres.--and EDC members) has slated 2700 units just for our neighborhood. How will this impact home values, traffic, crime, tax-base, school over-crowding, etc?

From FortBendNow.com: Middle School Over-crowding May Impact Baines Middle School

This just in from: http://www.fortbendnow.com/news/626/school-is-dangerously-overcrowded-lake-olympia-parents-tell-fbisd-board

School Is Dangerously Overcrowded, Lake Olympia Parents Tell FBISD Board
by Liz Mitton, Jan 24, 10:11 pm

More than a dozen Lake Olympia parents attended the FBISD Board of Trustees meeting Monday night to appeal for relief from what they described as chronic and dangerous overcrowding at Lake Olympia Middle School.

Nine residents, many parents, spoke to the board about problems their children are having with school safety, student achievement and general school climate.

LOMS attendance boundaries are set to change next year with the opening of Billy Baines Middle School in Sienna Plantation. The rezoning plan has been controversial in the eyes of many Lake Olympia parents who feel the district drew lines favorable to the interests of Sienna residents and that the final plan ignored the considerable growth taking place on the north (LOMS) side of highway 6.

Currently, LOMS has 1,717 students. Records received from the district indicate the school has capacity for only 1,371 students. Baines MS is being built to relieve LOMS. Current projections show Baines, which will have roughly the same student capacity as LOMS, will open in the fall with roughly 700 students while LOMS will retain more than 1,200 children. . .

For the remainder of the story click the title link above or visit http://www.fortbendnow.com/news/626/school-is-dangerously-overcrowded-lake-olympia-parents-tell-fbisd-board .


COMMENT: With 2700 apartments approved by developer-backed Missouri City Mayor Allen Owen coming to this area starting in '06 are the projected number of students currently zoned to the new SP middle school accurate and will the additional students from this development project over-crowd Baines MS in the same way LOMS is currently?

LATEST FROM THEWEBBIE.COM: SJD FILES RESPONSE TO SUPREME COURT APPEAL!!!

Just in from http://www.thewebbie.com (you can comment here or on the webbie's site):

24 Jan 2006 03:47:13 pm

SJD and Corporate Evil

Well.. SDJ is at their evil ways again. This time they are attacking my attorneys. The very same attorneys that volunteer their time working for the ACLU.

John Keville on behalf SJD has just filed a motion for sanctions against Laura Hermer, David Broiles and Lisa Graybill for allegedly having filed a frivolous petition for writ of mandamus. They're also seeking attorney's fees. Of course this is a joke and doesn't have a snowball's chance in hell of being granted. Lisa Graybill is the Legal Director of the Texas ACLU and very experienced in Constitutional Law. Lisa by the way is not listed as my Attorney but is "of council" helping David and Laura. David Broiles is a very respected Dallas area Attorney with 38 years experience as an attorney. David says he has never had such a filing against him. Laura Hermer is Law Professor. These wonderful people are not ambulance chasers, they are not only helping me.. they are helping to PROTECT "YOUR" FIRST AMENDMENT RIGHTS!!! The ACLU does not take on causes that are frivolous, nor do they waste the courts time with causes that have no hope of wining.

This whole thing is not about me.. It is about simple principles set by our founding fathers in the Constitution 230 years ago. No individual or corporation should have the right to compel another to reveal the identities of anonymous speakers.

It is interesting that SJD attorneys filed a response to the Texas Supreme Court even though one was not required. Typically a response is only required when the Court asks for one or decides to take up the case. The Supreme Court at the moment has not asked for a response or have decided to take up the case. I guess SDJ attorneys do not think the honorable judges of the Texas Supreme Court is capable of detecting frivolous petitions?

In addition SDJ attorneys did not have the common respect to confer with David or Lisa before filing "THEIR" frivolous petition.

Before, they were content with just trying to bankrupt the opposing parties to the suit. Now SJD is also going after their lawyers.

It's really very pathetic.

Matthew Feinberg

Can Small Defeat Special Interest Incumbent Bob Hebert?

This post is from the Fort Bend Sun. Small a former republican now running against special interest incumbent and current chief county judge Bob Hebert. Small supports campaign finance reform and removing the "special favors" from county government. If you check the contributions list for Hebert you will find many local developers and even our own developer-backed mayor of Missouri City (Allen Owen) on his list as well as our Sienna Plantation developer. Remember that Hebert fully supports the road diversion leading to the airport expansion over the Colony Lakes and Sienna+ areas. CLICK the title link above for the full FB Sun story:

Prescott Small files for county judge


Prescott Small of Stafford has announced his candidacy as the Democratic nominee for County Judge of Fort Bend County.
He is unopposed in the primary.

Small says he is running not merely to oppose one man, but to offer new fresh leadership and a new openness to county government.

Small has graduated from high school with honors and attended the University of Arizona. For the past eight years, he has had a successful career in Information Technology. He works for a Fortune 500 Company in the area of security and anti-intrusion systems. He has worked on projects all over the globe with budgets up to over thirty million dollars. All projects were completed on time and on budget.

Small will represent and work hard for the taxpayers of Fort Bend County. Unfortunately, the incumbent only listens to developers and no-bid vendors to the County who give large campaign contributions, Small says. He promises to never accept money from developers and vendors seeking no bid contracts, making it clear that this county and its development is not for sale.

Small says he will not use the county payroll to reward political cronies with jobs.
The incumbent, who claims to be a fiscal conservative, has bloated the county bureaucracy with political patronage for his cronies, he says.

"The County won't provide adequate salaries for law enforcement, but the incumbent hires and pays the mother of the Republican Party Chairman $30,000 per year as a telephone operator. Such cronyism resembles Mike Brown and FEMA," Small says.

Small believes we need to give the hard working county employees a well deserved pay raise.
"They deserve it, not the big raises to political appointees and officials,"
Small is committed to helping Stafford Mayor Leonard Scarcella bring a light rail system from Houston into Fort Bend County. The incumbent, along with his friend, Tom DeLay, have continually blocked efforts to bring 21st Century solutions to mobility. Instead, they do the developers' bidding, he says.

Small strongly supports Texas new disclosure laws concerning conflict of interest and gifts and donations from lobbyists. The incumbent opposes such disclosures. He does not want the public to see his gifts and conflicts such as Eco-Resources. Small lives with his wife Alex, a lawyer, in Stafford.



©Houston Community Newspapers Online 2006

Reader Opinions:
Jan, 17 2006
 
"He promises to never accept money from developers and vendors seeking no bid contracts, making it clear that this county and its development is not for sale."
Finally someone who understands how important it is to have politicians in office who are at least independent of the special interests operating in our county. LET'S GIVE PRESCOTT OUR SUPPORT AND ANYONE FACING UP TO SUCH A TASK AS REFORMING OUR POLITICAL SYSTEM!

MORE ON AIRPORT EXPANSION PROJECT FROM FBNOW.COM: Is County Setting Precedent For Future Development?

(OP/ED Piece from FBNow.com):

A developer who lives in Harris County owns property here in Fort Bend County (Arcola) and wants the County to build a road (South Post Oak) through his property. I’m trying to understand if the County is looking to set a precedent for future development here, as they are clearly breaking away from normal protocol.

Normally, a developer is responsible for paying for 100% of the cost of constructing a road through his property, yet the County is looking to pay for 80% of the construction costs here. Why?

In addition, TxDOT has indicated that it doesn’t have the money to build all the roads needed in Fort Bend County. South Post Oak is not high on the priority list – in fact, it’s not even on the list. County Judge Hebert claims that this road is needed to provide critical relief for the overly-congested roadways for people living in Sienna when in fact, if you look at the traffic counts provided by the HGAC, McKeever currently has 200 cars/day with a projected count of 600 cars/day. Hardly critical, Judge.

Again, I’m trying to understand the logic to build South Post Oak/improve McKeever.

1) It would entail condemning at least 10 acres of a private subdivision which would not benefit whatsoever from this road being built. In fact, it would be an intrusion into their privacy, damage their property values, and erode the reason for moving out to the country in the first place. There would be additional inverse condemnation of Mrs. Neuhaus’ property, as the project detaches Duke Road access…this issue is not even being discussed.

2) It benefits the developer by the County paying 80% of the cost when other developers pay for 100%. Why is this developer different?

3) Why set such a HIGH priority for this road when there are clearly other roads in Fort Bend County that have much HIGHER SAFETY ISSUES in addition to ACTUAL TRAFFIC CONGESTION? Millions of dollars are being prioritized for this road over other roads, such as Harlem Road (the most dangerous road in Fort Bend County), Oilfield Road, and others.

4) Are future developers going to use this project as a precedence to ask for more County funding of their private road projects?

5) Why is this developer being treated differently than all other developers in this County? Could it be that this project is ESSENTIAL to that developer’s plan to expand his airport?

Judge Hebert, would you be so kind as to answer these questions? Your constituents want to know the real answers. The County SHOULD NOT be funding this road.

Thomas J. Hilton
Arcola

Comments:

1 Chris Calvin, Ph.D. - Jan 19, 09:13 am
IMO Bob Hebert needs to hear from us the voters on this in ‘06. He has become involved in a number of issues that many would question, including myself. From the ECO-MUD Scandal internal investigation to the airport expansion project (using condemnation of private property), his opposition to HB914 (ethics legislation) and the list goes on. Hebert has been consistent in his support of the Houston special interests operating in our county. All one has to do is look at the list of campaign contributors on the back of his big colorful near full page ads he ran in the FB Star before anyone had even announced to run against him (I have a copy along with his campaign contributors list which anyone can get free via http://www.brazosriver.com/locals.htm )

Luckily we do have another local homeowner and former republican running against him this year in Prescott Small.

Prescott supports HB914 and further campaign finance disclosure rules and has sworn off special interest funding in an effort to take back local control here.

We have choices to make this year. Let’s make the right ones!

PS—Thanks Tom for covering this and keeping an eye on it. I know at least two Sienna based businesses on McKeever Rd. that will be forced out of operation because of this special favor you mention above!

2 Tom Hilton - Jan 19, 03:53 pm
What is troubling here is that there is not enough money to adequately address the needs of the roads in Fort Bend County. Bob Hebert is leading the charge of prioritizing millions of dollars from this cash-strapped fund to benefit one of his millionaire cronies. The SAFETY OF THE CITIZENS of Fort Bend County is being put to risk in order to line the pockets of a political insider. In addition, to quote Jamie Griffith; “An integral part of the future development of Houston SW is the expansion of the airport north across McKeever Rd…In order for this to happen, McKeever Road needs to be diverted up to Highway 6 where it will tie into South Post Oak.” This road project is designed to allow for the expansion of this airport – PERIOD. Part of that expansion is, I believe, the lengthening of the runway eastward in order to attract the next-larger size class of corporate jet. This will make it even more UNSAFE for residents living in the area.

The Judge needs to understand that the citizens of this great County will not tolerate putting the SAFETY of the citizens at risk for SLEAZY purposes such as this.

I urge my fellow citizens to demand that Judge Hebert prioritize those funds for SAFETY – not SLEAZY.

Sincerely,
Thomas J. Hilton

--We will update this thread as comments are posted!

From the FBStar: Appeal filed with Texas Supreme Court to Keep Sienna Bloggers Anonymous

Jan. 18th

This is the latest news from the FB Star on the SLAPP suit (Strategic lawsuit against public participation -- used often by developers in land use disputes). The recent abc13 (KTRK) coverage has generated a great deal of internet chatter about anonymous blogging and we will include a piece below the FB Star which came in from Chicago a few days ago. This thing keeps growing..and growing. According to some rumors a group of homeowners within Sienna will soon challenge the May edict (new covenant) on information dissemination during the campaign season with backing from a constitutional lawyers group. We will get the news out on this as it breaks.

Heres the Star article by Barbara Fulenwider (click link above for direct link):

Appeal filed with Texas Supreme Court
to keep Sienna bloggers anonymous
By Barbara Fulenwider

The lawyer for Matthew Feinberg, a Sienna resident who was the web site administrator for several blogs on which Sienna residents criticized Sienna/Johnson Development (SJD), has filed an appeal with the Texas Supreme Court asking that the deposition Feinberg was ordered to give should not be made public.

“The purpose for filing the appeal with the Texas Supreme Court is we want to keep the names Feinberg gave during deposition off the record and out of the public eye,” said Laura Hermer, cooperating attorney with the American Civil Liberties Union of Texas.

“It is our contention that Matthew Feinberg ought not have been ordered to disclose the identities of individuals who were speaking anonymously unless they had met a certain criteria for production of their identity,” Hermer said.

“This appeal could set precedent in Texas. It’s a case of first impression, which means that the issue has not yet come up in Texas. There are no precedents on the matter in the state. There are in other states but not in Texas,” she said.

“In one sense, it’s moot for Matthew because he was deposed. In another sense, a suit has been filed against Chris Calvin by Sienna Johnson and we can prevent that deposition, with the names that Matthew provided, from being used in that suit. That would be a good thing and would make the issue other than moot,” Hermer said.

The appeal, she said, “has to do with the fact of whether Sienna Johnson met the proper criteria and what that criteria might be for those names to be disclosed. In other states, it depends on the criteria. You can’t libel your neighbor or a business. If you are saying false things with malice, your anonymity won’t be protected.”

She said the question regarding the writing Sienna complained about (on the blogs) was did it rise to an appropriate level for disclosure of the names. To prove libel you have to prove malice. With a public official or corporation, the test for determining if someone is a public plaintiff is different. If Sienna meets the standard of being a public company, then they have to meet a higher standard to prove malice,” Hermer said.

She said she would definitely call the Sienna/Johnson suit against Calvin a SLAPP (Strategic Lawsuit Against Public Participation) suit because “when you have a large company and you have an individual who is relatively powerless in comparison, certainly financially, and the individual is saying things the company doesn’t like, then the company is likely going to want to make that stop.

“One way this happens is filing a suit against them. The questions are did he (Calvin) do something that was actionable or not and do they have a genuine complaint against him or not,” she said.

Sienna/Johnson Development and Doug Goff, Sienna senior vice president, filed a lawsuit against Calvin on Dec. 13 in the 240th Judicial District Court claiming the defendant used “false, defamatory and disparaging speech” under “scores of fake names, aliases and impersonated identities to create a sham appearance of support and factual basis for untruths.”

Prior to this suit being filed, on Aug. 3, 2005, the plaintiff filed a Petition to Take Deposition Before Suit and served it on Feinberg and Calvin. The appeal to the Texas Supreme Court has to do with a district court judge’s decisions regarding Feinberg’s appeal requesting a protective order restricting the use or disclosure of the information he was compelled to disclose when he was deposed. It also has to do with setting precedent since “no Texas court has yet issued a written opinion concerning the right of Texans to speak anonymously on the Internet."

______________________________

From http://www.thebloggingjournalist.com/2006/01/blogging_under_.html

The Blogging Journalist

Saturday, January 14, 2006

Blogging Under 24 Names

Is it unethical to blog on a single subject under 24 names to make it appear that others are blogging about a cause you hold dear?

Ted Oberg of KTRK ABC13 Eye Witness News of Houston, Texas reported January 13, 2006 that, bloggerChris Calvin of Sienna Plantation, Texas is doing that, and it has gotten him and the Committee for Responsible Development, of which he co-chairs, sued by Sienna/Johnson Development, LP and Douglas Goff, senior vice president. See the Houston Chronicle article "Developer files lawsuit over Web site statements."

Stephen Palkot reported January 2, 2006 in the Fort Bend (Texas) Herald Coaster that,

Through the websites Missouri City Chatter and the now-defunct Sienna Talk and Missouri City Talk, Calvin has criticized developer Doug Goff of the Sienna/Johnson Development Corp., and has accused city council members of unethically bowing to his requests.
I couldn't find the websites or a cached version.
Sienna Plantation is "a major planned community" located about six miles from Marshall, Texas and about 20-miles from Houston.

Calvin, who owns a Sienna Plantation home, doesn't like the fact that Sienna/Johnson intend to put up hundreds of apartments "about a mile from his home," according to KTRK.

"You're going to overcrowd our schools," Calvin, executive editor of The Journal of Applied Educational Technology and "a professor a professor for several online universities," told Oberg. The developer of Sienna Plantation has a different perspective.

Oberg quotes Sienna/Johnson Attorney John Keville as saying: "Chris Calvin can say any opinion he wants as long as he puts his name on it. Chris Calvin can't be a mob of 30 people."

Oberg added: "It's the power of the Internet as an equalizer the developer says that forced them to sue. They admit much of what Calvin wrote was true or his opinion. But they say he deceived Internet readers when he created the sense that so many people shared his opinion."

"If it's one person saying it, let it be one person saying it," said Keville.

To read Oberg's report on the dispute, please see "Homeowner who assumed names to protest now faces lawsuit. Also

While blogging under many names on one subject may be misleading and unethical, I'd be surprised if Sierra Plantation prevails in this case.

Posted by Munir Umrani on Saturday, January 14, 2006 at 05:03 AM in Bloggers | Permalink

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To get updates from the committee of homeowners that the Johnson Development Co. of Houston, Sienna Plantation developer, are suing please visit http://missouricitychatter.blogspot.com . Also see SLAPP suits for this common tactic used by developers on individuals or groups that speak out on land use issues (see Pring & Cannen SLAPP: Getting Sued for Speaking Out).

This case was actually filed after a fairly successful petition drive in the community against the unwanted land use (1100+ homeowner signatures) and ethics complaints were reported regarding the mayor who pushed the initiative for the developer over the objections of many at several city council sessions in Missouri City, TX (see the cities website for video minutes on this from Feb 7th, 21st, June 6th, July 18th '05 sessions).

or google the term SLAPP suit. Apparently this tactic is used often by some development companys.

Sienna MUD 2 Discuss Airport Expansion, HB914 & Ditch Issues

Sienna MUD 2 Discuss Airport Expansion, HB914 & Ditch Issues
(See December minutes):


Comment: Here are the last meeting notes from Sienna's largest MUD. Several topics of interest to all Sienna residents contained would be the discussion over the Arcola airport expansion and the SJD developer's response along with the potential ditch litigation closed session, new disclosure rules (HB914) and the ongoing MUD audit regarding the ECO-MUD scandals (as seen in local media). PLEASE READ ON--


MINUTES OF REGULAR MEETING OF SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 2

December 19, 2005 THE STATE OF TEXAS § §
COUNTY OF FORT BEND §

The Board of Directors of Sienna Plantation Municipal Utility District No. 2 (the “District”) met in regular session, open to the public, on the 19th day of December, 2005, at a designated meeting place of the District, ECO Resources, Inc., 12535 Reed Road, Sugar Land, Texas, outside the boundaries of the District, and the roll was called of the duly appointed members of the Board, to-wit:

David Daniel President
Juan Marroquin, Jr. Vice President
David White Secretary
Richard Luke Assistant Vice President
Brian Machart Assistant Secretary and all of the above were present, except Director Machart, thus constituting a quorum.

Also present at the meeting were the following: Kim Saunders of Tax Tech, Inc.; Jerry Graham of LJA Engineering & Surveying, Inc. (“LJA”); Shirley McLennan of McLennan & Associates, L.P.; Andrea Maloof of ECO Resources, Inc. (“ECO”); Tom Ramsey of Klotz & Associates, Inc. (“Klotz”); Tim Foster of Sienna Plantation Development Co.; Douglas A. Daniels of Bracewell & Giuliani, LLP; and Richard L. Muller and Kristen Hogan of Allen Boone Humphries Robinson LLP (“ABHR”).

MINUTES The Board first reviewed the minutes of the meeting held November 21, 2005. After review and discussion, Director Marroquin moved that the Board approve the minutes of the November 21, 2005 meeting, as presented. Director White seconded the motion, which passed unanimously.

BOOKKEEPER’S REPORT AND AMENDED BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006 Ms. McLennan reviewed with the Board the bookkeeper’s report and the investment report, and the Board considered bills for payment. The Board reviewed the District’s investments and concurred for Director White to work with the District’s bookkeeper to renew the expiring certificate of deposit. Ms. McLennan next presented an amended budget for the fiscal year ending September 30, 2006 to include the December revenue from the operating funds transfer in the amount of $1,200,000 and additional engineering fees for Klotz associated with the Primary Collector Storm System Phase I in the amount of $624,700. Following review and discussion, Director Luke moved that the Board approve the bookkeeper’s report, investment report, and payment of bills and approve the amended budget for the fiscal year ending September 30, 2006. Director White seconded the motion, which passed unanimously. A copy of the bookkeeper’s report is attached.

TAX ASSESSOR/COLLECTOR’S REPORT Ms. Saunders reviewed the monthly tax assessor/collector’s report, a copy of which is attached. She reported that the 2005 taxes are 10% collected to date. After review and discussion, Director Marroquin moved to approve the tax assessor/collector’s report and the payment of bills from the District’s tax account. Director Luke seconded the motion, which passed unanimously.

REPORT FROM TOMMY HAYNES The Board did not receive a report from Tommy Haynes.

ENGINEER’S REPORT Mr. Graham presented the engineer’s report, a copy of which is attached. He updated the Board on the construction of water, sewer and drainage facilities to serve Steep Bank Village, Section 5-C. Mr. Graham discussed a change order to lower the culvert on Kelsey Pass and stated that the contractor estimated an amount of $11,025 for the change order. Following review and discussion and based on the engineer’s recommendation, Director Marroquin moved that the Board approve the change order in the approximate amount of $11,025 to be paid from the capital projects fund. Director White seconded the motion, which passed unanimously. The Board concurred such change order should be reflected in the line item for Section 5-C miscellaneous items in the budget comparison. In response to a question from the Board, Mr. Graham stated that he will confirm the District has adequate funds remaining for the Section 5-C paving contract to cover the final payment to the contractor.

OPERATOR’S REPORT Ms. Maloof presented and discussed the operator’s report, a copy of which is attached. She stated there are 1,699 connections in the District, with four new tap installed for the month and an overall accountability for a twelve-month period of 96%. She then reviewed the management report which describes maintenance and repair items performed within the District since the last meeting and the District backcharge list. The Board reviewed the backcharge list and directed ECO to turn over all of the outstanding accounts with the exception of Perry Homes to Elizabeth Duff, the District’s collections attorney, to pursue collection. Ms. Maloof next presented a letter from St. Catherine of Sienna Episcopal Church requesting an adjustment for high usage during September and October due to a toilet leak at 9610 Roark’s Passage, the vicarage for such Church. A copy of the letter is attached. Following review and discussion, Director White moved to approve the operator’s report and deny the request for an adjustment in accordance with the District’s Rate Order. Director Luke seconded the motion, which passed unanimously.

HEARING ON TERMINATION OF WATER SERVICE Ms. Maloof next presented a list of delinquent customers. Following review and discussion, the Board concurred to table the hearing regarding water and sewer service terminations until next month’s meeting.

LANDSCAPE AND MAINTENANCE EASEMENT TO SIENNA PLANTATION RESIDENTIAL ASSOCIATION, INC. Mr. Muller reported that Sienna Plantation Residential Association, Inc. has agreed to maintain the jogging trail within the District and, in association with their maintenance, he then presented and reviewed with the Board a Landscape and Maintenance Easement from the District. Following review and discussion, Director White moved to approve the Landscape and Maintenance Easement to Sienna Plantation Residential Association, Inc. as presented. Director Marroquin seconded the motion, which passed by unanimous vote.

CONFLICT OF INTEREST DISCLOSURE REQUIRED UNDER CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE Mr. Muller reviewed with the Board new legislation enacting Chapter 176 of the Texas Local Government Code, which requires directors and consultants to disclose certain conflicts of interest. He reviewed with the Board the forms adopted by the Texas Ethics Commission for making disclosures under Chapter 176 and noted that the forms are required to be filed with the records administrator for the District beginning January 1, 2006 and will need to be filed thereafter within seven days of a disclosable conflict arising. Mr. Muller explained that failure to make a disclosure required under Chapter 176 is a Class C misdemeanor. He encouraged the Board to contact ABHR if assistance is needed in determining whether a conflict requires disclosure or in making a required disclosure. The Board authorized ABHR to maintain a list of the District’s Board Members and make that list available to the public and to contractors who may be required to file a questionnaire under Chapter 176. The Board also authorized ABHR to make any disclosure forms filed with the District available on the District’s website.

REPORTS FROM DIRECTORS AND CONSULTANTS In response to a question from Director Daniel, Mr. Foster reported on commercial development at the intersection of Highway 6 and Sienna Parkway. In response to a question from Director White, Mr. Graham reported that the gravel road currently under construction is to provide an additional evacuation route out of Sienna Plantation. He added that LJA is preparing maps showing the evacuation routes for Sienna Plantation. In response to additional questions from the Board regarding the City of Arcola’s proposed airport expansion, Mr. Foster responded that Sienna Plantation Development Co. is in favor of increasing economic development in the City of Arcola, but is not in favor of any action that would be detrimental to the residents of Sienna Plantation.

CULVERT FACILITIES AT SIENNA CROSSING ELEMENTARY Mr. Ramsey discussed the plans for construction of culvert facilities at Sienna Crossing Elementary. He stated that the plans have been sent to the City of Missouri City for approval and he requested authorization to advertise for bids, subject to receipt of City approval. Discussion ensued regarding disruption of school traffic and the possibility of postponing the project until a school holiday or vacation. Mr. Ramsey concurred the project can wait until summer vacation and can be completed in connection with the other drainage improvements in Steep Bank West to achieve economies of scale. Following discussion, the Board concurred to table authorization to advertise for bids for the project.

CONVENE EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO CONSULT WITH ATTORNEY REGARDING STEEP BANK VILLAGE DRAINAGE SYSTEM At 1:05 p.m., Director Daniel announced that the Board would convene in executive session.

RECONVENE OPEN SESSION AND AUTHORIZE APPROPRIATE ACTION REGARDING STEEP BANK VILLAGE DRAINAGE SYSTEM At 1:46 p.m., Director Daniel announced that the Board would reconvene in open session. Upon reconvening in open session, the Board concurred no action was necessary.

ENGAGEMENT CONSULTING EXPERT FOR ANTICIPATED LITIGATION The Board concurred no action was necessary. OTHER MATTERS The Board discussed the results of ECO’s internal review concerning the discovery of internal financial irregularities by a former ECO employee. Following discussion, the Board concurred to consider any additional action necessary at next month’s meeting. There being no further business to come before the Board, the Board concurred to adjourn the meeting.

Secretary, Board of Directors (SEAL)


Comment: And remember you read it here and not on SiennaNet.com!

Mayor Owen's Campaign Contributions '99-'05 (Repost)

Campaign Contributions (Public Record)-

Political Contributors To
Mayor Allen Owen
1999-2005
(Developers in order of giving)
____________________


1. Clinton Wong (Land Development Co.)

2. Larry Johnson (Land Development Co.)

3. Paris Schindler (Land Development Co.)

4. Rocky Lai (Land Development Co.)

5. Larry Wong (Land Development Co.)

6. Bob Perry (Land Developer)

7. Jim & Sandy MacNaughton (Land Developer)

8. Pat Cagle (Land Developer)

9. Thomas Cagle (Land Developer)

10. E. Blake Hawk (Land Developer)

11. Scott Reamer (Land Developer)

12. R.E. Reamer (Land Developer)

13. S. Jay Williams (Land Developer)

14. Eugene Arensberg, Jr. (Land Developer)

--This data can be confirmed via request from the Missouri City secretary for campaign contributions for anyone serving on the city council over the same time period. Many other contributions were made from corporate sponsors who live outside of Missouri City to Mayor Owen and this data will be released in a timely fashion.

--Question #1: With such a large percentage of Mayor Owens campaign contributions coming from those in the land development business can you trust him to represent your interests at council?

--Question #2: Has Mayor Owen violated the city’s code of ethics of which he has signed (see below)?

--Question #3: Has the mayor violated his oath of office concerning these matters?

--You be the judge!

From the Missouri City Council Code of Conduct & Ethics Policy (Adopted 10/5/98) Sections: L & M state “Council members should not use their positions to secure special privileges and should avoid situations that could cause any person to believe that they may have brought bias or partiality to a question before Council.”

“Council members should refrain from personally appearing on behalf of their own financial interest or personal interest of any kind or on behalf of any person, business entity, group or interest before the City Council, any city board, commission or committee except in matters of purely public concern. When legally permissible, with regard to a council member’s own financial or personal interests, he/she may designate and be represented by a person of his/her choice in any such personal business matter or may choose to “step away” from the table and speak to Council from the podium as a private citizen.”

--This paper does not address the decorum violations brought before council against the mayor by residents on July 18th, 2005. Has the mayor or council agreed to form an ethics committee to review these complaints or are some avoiding any actions.


--Please verify these reports via the TX ethics website and/or http://www.brazosriver.com/locals.htm or pay the fee at the local government agency for a hardcopy.

Fort Bend school trustees cleared in report by TEA (from the Chron)-

Fort Bend school trustees cleared in report by TEA

Some members had complained 3 colleagues ignored chain of command

By ERIC HANSON
Copyright 2006 Houston Chronicle

SUGAR LAND - Complaints that some Fort Bend Independent School District trustees bypassed channels to deal directly with school staff members have been found by a state agency to be unsubstantiated.

ADVERTISEMENT

In November, the Texas Education Agency released a preliminary report saying four of nine allegations were substantiated. But after further investigation, including interviews with several board members, the agency reversed its findings.

"The issuance of the (report) concludes the agency's investigation of the district's school governance matters," Ernest Zamora, TEA associate commissioner, said in a statement.

Bypassed channels

In September, two trustees and a former board member sent letters to the TEA raising complaints about the actions of three colleagues.
They said that trustees routinely heard grievances from teachers and citizens without requiring those persons to go through the chain of command.

Other complaints were that two trustees requested confidential student information from two schools, two trustees visited a campus to counsel an employee who was having trouble with the human resources department and that two trustees went to an associate superintendent to negotiate a construction contract.

The agency's final report, dated Jan. 6, came as no surprise to school trustee Stan Magee, one of the members who was the subject of the probe.

"The allegations were all baseless, without merit, highly suspect and I am very surprised that the TEA even bothered to get involved in making a judgement call in areas that were governed by our own board operating procedures," Magee said Friday.

Power shift

The allegations were made in the midst of a shift in power on the school board
Magee, along with board president Lisa Rickert, and trustees Ken Bryant and Laurie Caldwell have differed with other trustees, Bruce Bain, Cynthia Knox and Sue Hauenstein on a number of issues.

Bain, Knox and former board member Jane Clarke complained to the TEA about Rickert, Magee and Bryant.

Rickert, Bryant and Caldwell all said they were pleased the TEA had found the allegations to be unsubstantiated.

"We are happy with the decision, but that is peppered with the idea that all this was needless," Bryant said.

Bryant said now that the investigation is complete he hopes the board members will concentrate on more vital issues.

Rickert also said she hopes the TEA investigation can be put in the past and that board members can work together for the district's students. . .

-For the rest click on the title link above.

The Charge Of The Light Brigade

The Charge Of The Light Brigade
by Alfred, Lord Tennyson
1809-1892
(from http://www.nationalcenter.org/ChargeoftheLightBrigade.html)

This poem was written to memorialize a suicidal charge by light cavalry over open terrain by British forces in the Battle of Balaclava (Ukraine) in the Crimean War (1854-56). 247 men of the 637 in the charge were killed or wounded.


The Charge Of The Light Brigade

by Alfred, Lord Tennyson

Memorializing Events in the Battle of Balaclava, October 25, 1854
Written 1854

Half a league, half a league,
Half a league onward,
All in the valley of Death
Rode the six hundred.
'Forward, the Light Brigade!
Charge for the guns!' he said:
Into the valley of Death
Rode the six hundred.

'Forward, the Light Brigade!'
Was there a man dismay'd ?
Not tho' the soldier knew
Some one had blunder'd:
Their's not to make reply,
Their's not to reason why,
Their's but to do and die:
Into the valley of Death
Rode the six hundred.

Cannon to right of them,
Cannon to left of them,
Cannon in front of them
Volley'd and thunder'd;
Storm'd at with shot and shell,
Boldly they rode and well,
Into the jaws of Death,
Into the mouth of Hell
Rode the six hundred.

Flash'd all their sabres bare,
Flash'd as they turn'd in air
Sabring the gunners there,
Charging an army, while
All the world wonder'd:
Plunged in the battery-smoke
Right thro' the line they broke;
Cossack and Russian
Reel'd from the sabre-stroke
Shatter'd and sunder'd.
Then they rode back, but not
Not the six hundred.

Cannon to right of them,
Cannon to left of them,
Cannon behind them
Volley'd and thunder'd;
Storm'd at with shot and shell,
While horse and hero fell,
They that had fought so well
Came thro' the jaws of Death,
Back from the mouth of Hell,
All that was left of them,
Left of six hundred.

When can their glory fade?
O the wild charge they made!
All the world wonder'd.
Honour the charge they made!
Honour the Light Brigade,
Noble six hundred!

Images from the last samurai:

http://www.imdb.com/gallery/ss/0325710/LS-5583.jpg

http://www.imdb.com/gallery/ss/0325710/LS-5987.jpg

http://www.imdb.com/gallery/ss/0325710/LS-8109.jpg

http://www.imdb.com/gallery/ss/0325710/LS-9338A.jpg

http://www.imdb.com/gallery/ss/0325710/F_LS-9014.jpg

http://www.imdb.com/gallery/ss/0325710/LS-11467.jpg

http://www.imdb.com/gallery/ss/0325710/LS-10194.jpg



-- COME AND TAKE OUR CANNONS!




Dedicated to those fighting for freedom anywhere in the world!

KTRK abc13 6 & 10 Coverage of Current Sienna Plantation Lawsuit Against Their Own Homeowners for Protesting!!!

The following is an exert on the abc13 website from the 6 & 10 coverage on the Sienna Plantation apartment protest and the generated SLAPP suit by Johnson Development Co. of Houston. You can discuss this mess here or on the abc13 website (anonymously if you like):

"Homeowner who assumed names to protest now faces lawsuit


Opinions written under assumed names
 By Ted Oberg

(1/13/06 - KTRK/MISSOURI CITY, TX) - A Fort Bend County man says he's expressing his first amendment right of free expression. A major land developer says that the homeowner is actually misleading other people and hurting his business. This war over words first played out on the Internet, but is now moving to the courts.
------------------------------------------------------------------------
Also on ABC13.com:
Send us a news tip | RSS feeds | ABC13 E-lert | Info mentioned on air

------------------------------------------------------------------------
We're talking about blogging on the net. The law can't always keep up with the Internet and blogging is a little like the Wild West -- there just aren't many rules. But the developer in this case, Sienna Plantation, is huge. So why would they put up a fight about what one little guy writes on a few websites?

This all starts at Chris Calvin's Sienna Plantation home.

"I love it," he said. "I wouldn't speak up if I didn't love it."

He's lived here three years and tells us he wants to stay. But he's pretty upset about hundreds of apartments the developer plans to build about a mile from his home.

"You're going to overcrowd our schools," Calvin predicted.

Months ago Calvin put up signs and circulated a petition to fight the plan. He also started blogging under the screen name 'Responsible Development.' Blogs are online journals and many times people write entries under pen names.

"I wanted to communicate what was going on in the community," Calvin said.

But as he continued to blog Calvin started using other screen names. 'Jane L', 'Buddy J', 'Jim Calhoun 1' - dozens by the time it was done. He admitted using 24 names. And that was when Sienna Plantation's developer had enough.

Sienna Plantation Attorney John Keville explained, "Chris Calvin can say any opinion he wants as long as he puts his name on it. Chris Calvin can't be a mob of 30 people."

It's the power of the Internet as an equalizer the developer says that forced them to sue. They admit much of what Calvin wrote was true or his opinion. But they say he deceived Internet readers when he created the sense that so many people shared his opinion.

"If it's one person saying it, let it be one person saying it," said Keville.

It's an argument our legal analyst says the law may not support.

"You have a first amendment right to express yourself the way you want, providing you're open and honest about it," said Eyewitness News Legal Analyst Joel Androphy. "(Whether you use your name or someone else's) doesn't detract from the credibility."

Calvin said, "We're talking about free speech here. We're talking about rights to property. We're talking about rights to privacy. We're talking about the big issues in American life and these things are important."

Sienna Plantation's lawyer says if Calvin had said all the same things, but used his own name - they never would've sued. Calvin doubts that. In the lawsuit, the developer is trying to get a judge to prevent Calvin from using any screen name or his own name in the future to say disparaging things about the development. . . . . "--for the rest of the story see link above or below-->



___________________
For the entire story visit http://abclocal.go.com/ktrk/story?section=local&id=3810084 or to discuss it at the site.

TEA finds no wrongdoing; Final report clears FBISD Trustees (New BOT)-

TEA finds no wrongdoing; Final report clears FBISD Trustees (New BOT)-


Following a three-month investigation by the Texas Education Agency of alleged governance violations by some Fort Bend Independent School District board of trustee members, the TEA has found that no allegations could be substantiated.

The final investigative report issued Jan. 6 reverses the TEA’s earlier finding that four of nine allegations had been substantiated.

“Based on the review of additional written information, the preliminary report is revised… (and) the Agency does not substantiate these allegations as reported in its preliminary findings,” said Ernest Zamora, TEA Associate Commissioner. . .


Get the rest of this story at and discuss it: http://save-our-schools.blogspot.com/

Local Candidate (Prescott Small) Runs Against Houston Special Interests Incumbent (Bob Hebert) for Chief County Judge!

--As this years election season continues we want to make voting options available to the readers. Please consider voting a mixed ticket this election cycle. We are interviewing area candidates and will share those here as the season continues along with the standard information posts. So far we have talked with Larry Blackmon (R) running against Grady Prestage (D), a developer and incumbent, for county commissioners court and Tom Campbell (R) running against Tom Delay for his congressional seat. We are also backing an alternative area candidate to run against Missouri City developer-backed mayor Allen Owen (this local business professional and community activist will announce soon).

As many of you remember Mr. Owen was a strong advocate for the February '05 vote which indirectly allowed 2700 apartment units into our neighborhood. After the vote it was discovered he had been receiving nearly 60% of his campaign contributions from Houston area developers and the #2 contributor was Larry Johnson of JDC (Sienna Plantation). City ethics complaints were filed against the mayor for not recusing himself in the voting on July 18th which was followed by a JDC developer's strike suit (SLAPP suit) in August against members of this community heading the petition drive against Mr. Owen & the JDC apartments.

If you are following the airport expansion controversy you may want to keep an eye on the Arcola city council races. It has been reported that several candidates are running to take back the current EDC backed group running that town.

From FBNow.com:

"City, County & Community Announcements

Prescott Small Announces Candidacy For County Judge

Prescott Small of Stafford announces his candidacy as the Democratic nominee for Fort Bend County Judge. He said he is running not merely to oppose one man, but to offer new fresh leadership and a new openness to county government.


Prescott graduated from high school with honors and attended the University of Arizona. For the past eight years, Prescott has had a successful career in Information Technology. He works for a Fortune 500 Company in the area of security and anti-intrusion systems. He has worked on projects all over the globe with budgets up to over $30 million. All projects were completed on time and on budget.

Prescott will represent and work hard for the taxpayers of Fort Bend County. Unfortunately, he said, the incumbent “only listens to developers and no-bid vendors to the county who give large campaign contributions.” Prescott promises to never accept money from developers and vendors seeking no-bid contracts, making it clear that this county and its development is not for sale.

Prescott will not use the county payroll to reward political cronies with jobs. He said the incumbent, who claims to be a fiscal conservative, has bloated the county bureaucracy with political patronage for his cronies. Prescott believes we need to give the hard working county employees a well-deserved pay raise. “They deserve it, not the big raises to political appointees and officials,”

Prescott is committed to helping Stafford Mayor Leonard Scarcella bring a light rail system from Houston into Fort Bend County. The incumbent, Small said, “along with his friend, Tom DeLay, have continually blocked efforts to bring 21st Century solutions to mobility. Instead, they do the developers’ bidding.”

Prescott strongly supports Texas’ new disclosure laws concerning conflict of interest and gifts and donations from lobbyists. The incumbent, he said, opposes such disclosures.

Prescott lives with his wife Alex, a lawyer, in Stafford."

_____________

Good luck Prescott!!!

KEEP UP WITH LOCAL/CITY/COUNTY NEWS AT FORTBENDNOW.COM & FOLLOW SIENNA AREA ISSUES HERE ON MISSOURI CITY CHATTER . . .

Several local community groups are now networking to address local growth concerns in East Fort Bend County, which impact home, schools and ultimately our quality of life. From the Arcola area you have 1) Citizens for Better Government (CBG) located at http://www.citizensforbettergovt.org and headed up by a group of Arcola area homeowners/residents and Tom Hilton. In the Sugar Land area you have a school reform minded grass-roots movement 2) Save-Our-Schools (SOS for short) lead by area residents and Ms. Mitton located at http://www.save-our-schools.blogspot.com/. The SOS site is interactive, but membership posting is approved. Another group working towards citizen involvement in area growth issues here in Missouri City, TX is the Colony Lakes Against Sudden Change (CLASC) association based in the master-planned community of Colony Lakes (no website available as of this posting--contact CRD for their e-mail address) and finally here in Missouri City, TX based out of the Sienna Plantation area is the Committee for Responsible Development made up of area homeowners and residents and can be contacted through this website and/or via responsible_dvlpmnt@yahoo.com.

These groups are working with many area HOAs and concerned citizens in the Sugar Land -- Missouri City--Arcola area to address and improve quality of life issues here in East Fort Bend county through grass-roots community activism. If your community or neighborhood has such a group and you'd like to be added to this network then please contact us via the e-mail posted above or through this site. We are currently working to support local candidates from both parties that reject non-area special interest and their influence in our community. Join your local group today or get involved with this network and add value to your neighborhood!--CRD




**********
Committee for Responsible Development
Missouri City Group
responsible_dvlpmnt@yahoo.com
Missouri City, TX 77459

FBNow (Sienna Strike suit update): Missouri City Man Forced To Identify Anonymous Web Posters Appeals Case To Texas Supreme Court

Click on the link above for the full story and comments to this FBNow article:

Missouri City Man Forced To Identify Anonymous Web Posters Appeals Case To Texas Supreme Court
by Bob Dunn, Jan 5, 10:58 am

"A Missouri City man, ordered in court to submit to questioning by attorneys trying to identify anonymous posters to his web site forum, has appealed the case to the Texas Supreme Court.

In his appeal, Matthew Feinberg seeks an order that Fort Bend District Judge Thomas Culver seal a record of Feinberg’s deposition by Sienna/Johnson Development attorneys, and prohibit its use in any lawsuit the developer might pursue.

However, Sienna/Johnson, developers of the Sienna Plantation community near Missouri City, already have filed a related lawsuit. On Dec. 11, they sued Sienna Plantation resident Chris Calvin for defamation and business disparagement.

Sienna/Johnson attorney John Keville said Thursday he hasn’t yet filed arguments in the state Supreme Court appeal and declined comment until that time.

Calvin was indentified as one of several people who posted to Feinberg’s siennatalk.com web site, which later was moved to mocitytalk.com. He was deposed separately from Feinberg at around the same time.

While it appears that information from the depositions already has been put to use in preparing the lawsuit against Calvin, Feinberg’s attorneys – which include representatives of the American Civil Liberties Union of Texas – have pressed ahead with the appeal. In part, they believe the district court erred in allowing the depositions in the first place, and because they believe the case could have important implications for all Texans. . . "

AIRPORT Expansion OVER SIENNA & area neighborhoods (recent press)-

Click on the title link above for the full opinion piece.

RAISING A RED FLAG OVER ARCOLA!

I wanted to raise a red flag for homeowners and residents on this end of the county living in the Missouri City-Arcola areas.

A recent piece in the Fort Bend Star by a Ms. Skinner (p.12) on 1/4/06 highlights many issues that Bob Hebert, chief county judge, has not been forthright about to homeowners and voters in this region over the months. Mr. Tom Hilton, a local homeowner and activist against the airport expansion, has uncovered many documents which highlight the inner-workings of Mr. Hebert’s business networks that demonstrate his advocacy for compadre and airport owner Jaime Griffith (see http://www.citizensforbettergovt.org). Mr. Hilton has tried as a private citizen to bring these issues to the 10 to 15,000 residents living along this fly-way whose home values will be severely impacted by these elites actions. This is definitely not for the greater good of those living in this community and the largest number of people. . .


for the rest of the article click the link above or visit: http://www.fortbendnow.com/opinion/544/raising-a-red-flag-over-arcola

Visit FortBendNow for more local info (click on this link)-

Happy New Year From CRD! Catch the latest Herald Coaster Article on the SLAPP suit filed by Johnson Development. . .

--The article fails to mention the 1100+ Sienna Plantation and area resident signatures on the petition drive against the second grouping of up to 1800 apartments coming to this neighborhood (above the already approved 900) and that 60% of the campaign contributions going to mayor Allen Owen of Missouri City from '99-'05 comes from Houston area developers. Larry Johnson of Johnson Development Co. of Houston was one of the primary contributors to Owen over the years (#2). Is this misinformation lawyer Keville (JDC rep.)?

--The article also fails to mention that Keville has expanded the case by naming the committee as a co-defendant in the case. This could involve scores of homeowners who helped out during the petition drive and council efforts.

--***SEE THE POST BELOW THIS ONE FOR AN UPDATE ON THIS CASE. MATTHEW FEINBERG, WHO RAN THE NOW DEFUNCT SIENNATALK.COM AND MOCITYTALK.COM HAS FILED AN APPEAL WITH THE TEXAS SUPREME COURT IN AN ATTEMPT TO PROTECT PARTICIPANTS ON HIS WEBSITE INVOLVING THIS CASE.***

Developer lawsuit accuses resident of misinformation

By Stephen Palkot
Monday, January 2, 2006 1:39 PM CST


An ongoing lawsuit in Fort Bend County pits a resident contributing to a website on local politics against a company accusing him of publishing misinformation.

Chris Calvin, who lives in Sienna Plantation, has been a frequent contributor to several citizen-run websites, where he has spoken out against a proposal by the developer to build apartment complexes in the neighborhood.

Sienna Plantation lies in east Fort Bend County, along Highway 6 adjacent to Missouri City. The development, with about 10,000 residents, is in the extraterritorial jurisdiction of Missouri City.

Through the websites Missouri City Chatter and the now-defunct Sienna Talk and Missouri City Talk, Calvin has criticized developer Doug Goff of the Sienna/Johnson Development Corp., and has accused city council members of unethically bowing to his requests.

Those posts caught the attention of Sienna Plantation officials, who sought to question Calvin about his involvement in the website and the claims he makes there.

On Oct. 18, Calvin participated in a deposition, but only after failed objections from his lawyers. This month, the developers filed a lawsuit against Calvin, in which they claim he defamed and libeled the developers.

In particular, lawyers allege that Calvin deceived readers by posting messages under more than one pseudonym - going as far as to invent conversations between fake Sienna Plantation residents.

Calvin is contesting the lawsuit, and has found an ally in the ACLU. The group has funded some of the legal costs involved in the suit.

Attorney John Keville, who wrote the lawsuit, said the case is not about quashing discussions about the neighborhood. Instead, he said the case is about Calvin's alleged use of fake names to post slander on websites.

"If you look at how the Internet is used today, if someone wanted to look up Sienna Plantation, and they were considering that community as a place to live, and they looked at Mr. Calvin's website, it gives the false appearance that there's this large group that has concerns with the community."

Inaccurate information, according to the lawsuit text, includes an account of developer Goff cursing out a resident in phone call and statements such as "all they (the developer) want is your money" and "(the developer) tried to drive this website out of the community,"

Calvin, however, contends that silencing his right to free speech has been the motivation for Sienna/Johnson to file the lawsuit. Not only did Calvin post comments on the website, but he also spoke in public comments of Missouri City City Council and has passed out fliers expressing opposition to the developer's plans for apartments.

It was after Calvin gained local media attention that the developers filed the suit, he said.

"The website was minor; they're trying to make it major. What was major was when we were trying to go before city council. That's what they're trying to stop," he said.

The lawyer for Sienna Johnson said he is not trying to silence Calvin; he points out that he offered a settlement to Calvin. As long as Calvin posted under his own name, Calvin would not face any lawsuit.

Calvin, however, dismisses the idea of the settlement. The only way for Sienna lawyers to know if he posted messages anonymously, he said, is to call him before a judge and ask him.

"I would have to answer to them anytime anyone makes an anonymous claim about Sienna/Johnson on the web," he said.

Calvin acknowledges that he used several pseudonyms, but he does not believe that is illegal. Plus, he said he and others used the pseudonyms after receiving threatening letters from local businessmen.

Website operator Matthew Feinberg has not been named in the lawsuit, but he, too, answered questions from Sienna Plantation lawyers in a deposition.

"People have the right to oppose the plans of the builder. They're trying to specifically restrict the speech of one individual - it's a travesty," he said.

If the developer is having a problem with their image, they need to hire a public relations firm and not an attorney, said Feinberg. He contends the developer is creating more bad publicity for itself by filing the lawsuit.

"I provided a community service so people can speak about issues," Feinberg said.