One Small Victory or Two?
Last week a couple of little noticed proceedings occurred that, although small, may represent something larger in the big picture. The first event was a requested court hearing whereby John Keville, a lawyer for Johnson Development Co. of Houston (developers of Sienna Plantation and Riverstone communities here in Missouri City and SLAPP suit initiators against Sienna customers) attempted to argue, unsuccessfully, their case against the Fraud accusations brought by some Sienna homeowners with regard to perceived changing features of the community. It was reported by the homeowners legal counsel, Jeff Singer of Sugar Land, that several of the requested pleadings were an attempt to quash the case and, when that was unsuccessful, to separate the case from the SLAPP suit they instigated last year following an attempt by homeowners to petition/stop up to 2700 apartments coming to our community courtesy of JDC. Judge Ruiz’s advisory opinion sets the stage for further litigation in a case that had been covered extensively by local media. One homeowner in Sienna stated that this was “very good news for our side in this case”.
In a follow-up to this case JDC, through lawyer Keville, has requested names, phone numbers and addresses of all those homeowners who participated/supported the "No More Apts" fight here in the Sienna Plantation area. MCC wants to know why?
Stay tuned as we keep this SLAPP/SLAPP-back (see Canen & Pring, 1996) suit updated.
Event number 2-
In an article released last week in FortBendNow.com, an online county-wide newspaper, it was reported that a political sign war had been taking place in Mo-City between developer-backed, special interest incumbent candidate Allen Owen (supporter of the JDC apartments in the above law suit story) and Greyling Poats, a successful area businessman, former Gary, IND. asst. city attorney, TIRZ board member here and long time resident and activist. One bone of contention was some of the Wells Fargo branches in Mo-City reportedly were allowing only Allen Owen, an executive of the bank, signs at some of their facilities along key roadways (and 2 other candidates he supports: Hal Jay & Steve Smelley). It was also reported to MCC that a complaint was filed by the Poats for mayor committee to the Houston regional Wells Fargo office which oversees Owen’s area. According to these same sources within an hour of the phone call the signs had been removed and an apology issued to all candidates by the company representative stating that Wells Fargo does not endorse local political candidates.
Stay informed and keep in touch for more on these developing Mo-City stories!
posted by responsible_dvlpmnt at Saturday, April 29, 2006
16 Comments:
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Story from FBNow.com:
When Schoolhouse Bullies Grow Up
Having spent a few years on school playgrounds, I’ve had the opportunity to observe childhood behavior during free play extensively. One disturbing reoccurring theme in this environment is the emergence of those who attempt to dominate or physically bully other children.
It is a problem that faculty, staff and administration spend a great deal of time on. Government programs have even been funded with much research ongoing, yet still the problem persists.
One of the first interventions monitors use in any situation, where bullying may occur, is to remove the victim and confront the bully over the behavior. This seems like such a simple solution, until we realize that the children are learning this inappropriate interaction from us adults.
As you would expect, this rather simplistic intervention only solves the problem temporarily. The actions usually continue, but only in less obvious areas of the playground. A more covert behavior emerges as the child adapts (because through compliance, by the victim, it is rewarded).
Over the last year and a half I’ve had the opportunity to witness first-hand adult bullying and like many children on the playground have hoped that someone in authority will come and intervene. Of course, in the adult world, bullying is often allowed and encouraged.
Even Stanford professor Jeff Pfeffer’s 1992 seminal work “Managing With Power,” and countless other leadership texts, seem to be encouraging the bullying mentality of those “with the most gold get all the power.”
Legislation and the courts are easily subverted in this process and become part of the adult game. Those with less power are merely expected to comply and even apologize for their efforts to “call the bullies” on their behaviors.
In the current local elections we see the culture of political-business co-optation in more of the adult gaming processes. In Missouri City, like many other communities, we have an entrenched mayoral incumbent heavily backed by large Houston land corporate interests, who have decided that they need this mayor and council until they are finished with their area projects.
The message seems to be that we can have our local government back when they are finished with their work/profit taking here. How do local voters, taxpayers, and residents deal with such antics on the adult playground? The simple answer is you don’t, but I believe most of us still have an infantile memory of schoolhouse justice. At least enough to expect that something can be done.
The answer, for me and many others, seems to be in the political process itself (voting). As I write this piece a sign war is going on between the local incumbent mayor’s backers (bullies) and local residents of this community (victims) supporting his opponent.
I’ve never replaced so many yard signs in my life, not even when the developer was pulling our “No More Apartment” signs here in the controversial ‘05 issue that led to the SLAPP suit and eventual TX Supreme Ct. case. What can be done about this? . . Nothing, maybe, but I’m writing to let you all know my sense of infantile schoolhouse justice! . . . =-)
Related FBN comment thread:
1 Prescott E Small - Apr 24, 12:43 pm
Unfortunately it is part to of our nature and the nature of all living organisms to operate and live in an environment of the Alpha_____.
But, as far as we know, we are the only species on the planet that is aware of this behavior that can do something about it.
Voting is definitely an option.
Bullies also have a tendency to pick on individuals when they are vulnerable and alone.
The mistake bullies make is to pick on too many individuals.
This might be that type of case.
What needs to happen is enough individuals that have been bullied will have to stand up, approach the bully and tell them “Go to hell, we aren’t taking this crap anymore!”
Now that can be done at the ballot box. But it can also be done here in Op-Ed Articles like this one. Through letters to the bullies in mass quantities. Through lots of phone calls.
Then, if need be, through class action in the form of a law suit.
Sometimes to stop a bully you have to punch them in the nose.
2 Chris Calvin, Ph.D. - Apr 24, 04:16 pm
I agree with you Mr. Small! If people keep networking the clique grows smaller and the masses seem to multiply until you have a reform effort.
On a side note, one of the “bullies” (a Houston based developer) called our candidate (Poats) this morning urging him not to put anymore signs in, that they have rules. I guess those “rules” do not apply to their benefactor mayor Allen Owen who signs are all over their development (along with other area candidates). Is this more selective enforcement?
3 Burt Levine - Apr 24, 06:28 pm
Dr. Calvin A) 4×8 signs are for commercial areas and yard signs are for homes that hopefully for the candidate have at least two voters w/ a history and liklihood of voting living there. Yard signs in front of a business next to an opponent’s 4×8 who has permission to put his 4×8 there does not make me sympathize with the challenger that can not get his act together enough to get 4×8s or the support of someone to permit or authorize him to put it there and B) Why on your candidate’s signs for Missouri City Mayor do you need to take up valuable font space by informing voters that Missouri City is in Texas. Isn’t that a fact you’d hope your voters would’ve learned before registering to vote in Missouri City? A private property owner has THE right to permit whoever he backs to plant signs on his property and not those he does not back. I’d hope you agree that choice and private property right is part of what makes this America? I would not want to live in a country where a property owner is forced to host signs of candidates he did not back in philosophy or principle.
4 Chris Calvin, Ph.D. - Apr 25, 07:56 am
Burt,
It’s interesting that you call them “my signs”. I seem to recall I’m a volunteer and am not personally responsible for every sign someone puts out. Of course I have noticed your signs in many of the same areas and they haven’t been pulled (and are yard signs).
I did not order or design these signs nor do I run this campaign. I am a volunteer and BTW you seem to have a great deal of information on the “sign pulling” which I find interesting (thanks for your comments they are very telling).
5 jls - Apr 25, 08:12 am
Burt,
Where did you get all the details on the signs? I don’t see any of that in the article above. Are you perhaps in the sign biz?
6 Chris Calvin, Ph.D. - Apr 27, 07:05 am
J,
Mr. Levine is a professional political manager. He contacted Greyling a few weeks back to offer his services, but was not hired. Perhaps he’s just giving free advice to volunteers.
You might also be interested that they’ve removed many of the larger signs and yard ones in areas here in Sienna P. not owned or controlled by the developer (here in Sienna the yard/mainteance employees are usually given this task). I think they are trying to clean-up for their homes tour and the famous “Sip-n-Stroll”. We must keep up those appearances now!
Remember early voting starts Monday everyone. GET out and change things!
7 jls - Apr 27, 07:58 pm
Oh, that makes sense now. I better take notes. I noticed they took down all but the Owen’s signs again, even on areas they don’t control. I think the article above is right on for this stuff!
This comment has been removed by a blog administrator.
Does anyone have a follow-up to this '05 story given the abc13 recent reports on MUDs?
From the FB Sun
"Water company launches probe into embezzlement
By:SESHADRI KUMAR 10/10/2005
An alleged financial embezzlement scheme by an employee of ECO Resources in Sugar Land, the water and wastewater operation and maintenance company, has resulted in incorrect billing" to the tune of thousands of dollars and at least seven municipal utility districts in Fort Bend and Harris counties have been affected.
One of the victims in this case is believed to be Harris County MUD # 165, with an estimated billing error of $145,000, while in other cases the amount ranges from a couple of thousand dollars to $10,000 or more.
Lynn Humphries, attorney for Harris County MUD#165 says ECO Resources officials have themselves alerted the district to the potential problem and has promised total restitution of the amount with interest.
The company is conducting a forensic audit to determine the extent of financial irregularity that had occurred and at this stage, nothing more is known, Humphries says.
Maria S. Parker, attorney for the Blue Ridge West MUD in Missouri City says her district is said to have been improperly billed for about $9,200, according to preliminary estimates made by ECO Resources. The MUD district is waiting for ECO Resources to complete its audit and will then decide the course of action.
James Murdaugh, attorney for Harris County MUD#118 says his district's estimated incorrect billing is less than $2,000. Murdaugh also says that ECO Resources itself found out the problem and informed the MUD.
First Colony MUD # 9 in Missouri City is believed to have been incorrectly charged to the extent of about $10,000. John Wallace, attorney for the district, confirms that ECO Resources officials have met with him and the MUD board plans to launch its own audit of the bills it received from ECO Resources.
Fort Bend County Judge Bob Hebert, who is a consultant to ECO Resources, says that he is aware of the issue.
"I have assisted ECO Resources early on in explaining the position and the facts as they know them to the attorneys of various MUDs," Hebert says.
Based on his knowledge of what transpired and the feedback he got from the MUDs, Hebert says the company took appropriate steps to inform its clients and promised to restitute the money.
"It is a sad situation to go through, but I am pleased with the way it has been handled," Hebert says.
Jim Brown, regional vice president of ECO Resources for the Houston region, says he cannot comment much because an investigation is in progress.
"We have a very high code of ethics. We have taken the high road. We feel violated as our customers are. We moved quickly and talked to the districts and did everything we can. We had a very good response from the customers."
The whole issue came to light about four weeks ago.
As promised, ECO Reso-urces has already cut a check to the Harris County MUD#165 toward the initial estimated loss, pending a final settlement, Brown says.
Brown also says the matter has been brought to the attention of Fort Bend County District Attorney John Healey for potential criminal investigation. The employee allegedly involved in the case has been fired, Brown says.
Healey says ECO Resources officials had consulted him over a matter that is being investigated by the company itself and when they get all the information, it will be reviewed and forwarded to a suitable criminal investigation agency."
©Houston Community Newspapers Online 2005
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quash2 P Pronunciation Key (kwsh)
tr.v. quashed, quash·ing, quash·es
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