Thread: Texas suburb accused of not providing documents

Texas suburb accused of not providing documents

09/26/2008

By ANABELLE GARAY / Associated Press


Attorneys suing a Dallas suburb over its ban of home rentals to illegal immigrants say Farmers Branch isn't turning over all the documents in the case despite a court order.

They filed a motion in state court Friday asking that Farmers Branch be sanctioned and compelled to provide e-mails and other records related to the immigration-related rule. The motion also asks the court to appoint a special master to search for the documents, something that's uncommon.

"We believe that the breaches here are egregious," said attorney Bill Brewer, who is handling several lawsuits opposing Farmers Branch's ordinance. "We just know that they're not fulfilling their obligations."

A state court ordered Farmers Branch in June to conduct an electronic search for documents.

The city believes it fully complied with the order, said attorney Michael Jung, who represents Farmers Branch.

"What they are really trying to do is to inappropriately gain discovery of the opposing lawyers' files and that is not permitted," Jung said.

The motion contends attorneys for Farmers Branch have refused to use search terms such as "illegals," "landlords," "apartment," or "license," which would have yielded more electronic documents regarding the ordinance.

It also accuses Farmers Branch of heavily redacting invoices, including blocking out names of some of the people with whom attorneys spoke, and failing to turn over documents and legal fees from other attorneys involved in lawsuits over the rental ordinance.

"It's clear that we don't have all the documents. We have documents that refer to other documents," Brewer said.

The information was requested as part of a lawsuit alleging the Farmers Branch City Council violated the Texas Open Meetings Act when it drafted and approved the new rule. It is one of several state and federal suits Farmers Branch has faced in a continuing nearly two-year battle over measures attempting to keep illegal immigrants from living in the city of about 28,000.

The suit filed in state court on behalf of Farmers Branch real estate broker Guillermo Ramos focuses on how city officials drafted and approved a rule banning house and apartment rentals to people who can't prove they live legally in the country.

E-mails and other documents show council members were reviewing and discussing drafts of the rental ban with each other and with attorneys at least six months before the ordinance was shown to the public, Brewer said.

City officials deny allegations that they tried to sidestep state open meetings laws, Jung said.

Farmers Branch can't currently enforce its housing ordinance. A federal judge halted the ordinance from taking effect. The city later agreed to an injuction preventing it from enforcing the rule while it is challenged in court.
http://www.dallasnews.com/sharedcontent ... M8D01.html

The information was requested as part of a lawsuit alleging the Farmers Branch City Council violated the Texas Open Meetings Act

The city council had a closed session meeting with the city attorney. Real common practice by city councils but these people are upste because the councilmen shut the door in thier faces and told them they will not be allowed to attend the private meeting.

These people are making all the trouble they can before they are told you loose and the lawsuit gets thrown out.

Dixie