SLAPP-suit in Houston Texas: Johnson Development Co. Seeks To Access Customers Computer Hard-drives . . .

by MCCNews | August 6, 2006 at 08:52 am

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The Controversy Continues

In a recent court filing through Judge Pedro Ruiz’s 240th District Court here in Fort Bend County the ongoing harassment of Sienna Plantation homeowners continue in this SLAPP-suit. In this round, John Keville of Howry LLP, from a Houston international law firm, much like his earlier attempts to access the SiennaTalk.com & MissouriCityTalk.com databases is requesting, through the courts, access to one Sienna families personal home computer. According to one homeowner’s opinion, JDC is seeking access so that they can get a hold of membership information on the Committee for Responsible Development (CRD) as well as the CRD e-mail contact list for approximately 2000 homeowners and residents in Sienna and the Sienna Plantation area of Missouri City.

Just a few weeks ago the committee of homeowners (CRD) were removed from the lawsuit by Keville and JDC after nearly a year of litigation whereby they were unsuccessful at gaining the full list of homeowners who participated in the petition drive against their proposed, up to, 2700 apartment units allowed for this community through an unpopular 5-2 city council vote lead by their developer-backed Mayor Allen Owen during ’05 (see campaign contributions list for Mayor Owen by searching the MissouriCityChatter blog site). In the court papers JDC is also requesting that this expense for accessing and searching the targets personal computer be billed to the homeowner.

Related City Ordinance

In a somewhat related piece, it has been reported, by reliable MCC sources, that a controversy is brewing at Missouri City Council over an ordinance to register rental properties within the city boundaries so problems can be addressed early with owners. According to these sources, a Houston development company, with apartment interests in this city, and a major contributor to several council members, is requesting that apartments be exempt from this rental registration requirement, thus reducing the effectiveness of such an ordinance in protecting the public.

We will update this release as it develops. . . . .

for more see http://missouricitychatter.blogspot.com

MCC Update: Fort Bend County Judge Orders Access to Personal Home Computers of Sienna Plantation Resident for Johnson Development!

Just in from the 240th District Court of Fort Bend County:

Under strenuous objections from Jeff Singer and Lee King, homeowner attorneys in the SLAPP-suit filed last year by Johnson Development Co. of Houston, Judge Pedro Ruiz (in Thomas Culver's Court) orders a Sienna Plantation family to turn over personal computer hard-drives to forensic specialist for the developer. This action allows access to family pictures, movies, thousands of student files and a contact list of nearly 2000 area residents along with the list of the committee members who circulated a petition against up to 2700 apartments being brought to this community by Johnson Development Co. of Houston (Larry Johnson, Pres.).

For more background on this case click the title link above or follow this link: http://www.fortbendnow.com/news/719/activist-slaps-back-in-countersuit-against-sienna-plantation-developer

http://www.fortbendnow.com/news/317/fight-over-apartments-could-restrict-free-speech-on-the-web

Johnson Development SLAPP-suit Update (Dateline Houston)

In what is becoming an increasing problem in consumer law, a judge ruled Tuesday, in a Fort Bend County court, to award lawyers fees to a large mega-development firm before trial has even begun.

According to the targets (defendants) in this SLAPP-suit the court made the ruling because of a codicil in the homeowners contract that specified they must pay all legal expenses if they sue for any reason. This doesn't seem to take into account that the mega-development company, from Houston, actually initiated the legal actions against the homeowner after the target became involved in a land-use dispute and petition drive in their community.

This case is already in its second year and has depleted most of the homeowners savings. These cases are increasing in frequency as builders and developers use these codicils to protect themselves from litigation, but is it legal to restrict someone's right to seek justice?

Stay tuned as we will keep this story updated at regular intervals. . .

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