A.D. Ibarra
-365th District Court

    The eagerly awaited lawsuit hearing in which Dos Republicas Coal Partnership is seeking monetary damages against Maverick County for denial of a flood plain permit by County Judge David Saucedo was held this Friday.
    The  motion for summary judgment was held in The Honorable Judge Amado Abascal's 365th District Courtroom where attorneys Alfonso Nevarez on behalf of the defendant, Judge David Saucedo Maverick County Judge and Bill Cobb, legal counsel for the Dos Republicas Coal Partnership, dealt with pre-trial motions.
    Also on the docket was the plaintiff Dos Republicas Coal Partnership’s motion to compel, which is a motion that most commonly deals with discovery disputes. 
    Currently there is another case waiting to be heard in the Texas Fourth Court of Appeals in which Dos Repulblicas is challenging the denial of the flood plain permit by Maverick County but in this case dealt with the monetary damages incurred as a result of the denial of the permit.
    In this hearing, legal counsel Alfonso Nevarez wanted the judge to clearly see that this case, which was filed separately in the District Clerk's office, stemmed from the accusation that Maverick County Judge David Saucedo abused his power in denying the flood plain permit to Dos Republicas, an accusation which was denied by the ruling of The Honorable Cynthia Muñiz back in October of last year and should be heard in the same court.
    "In that case we sought a permit, in this case we are seeking monetary damages, damages we are entitled to.  We can't win both," responded attorney Bill Cobb.
    Nevarez added, "I'm not a suspicious man, Judge, but in this case I believe they filed two cases with the intention of doing just that and I don't know why they wouldn't file them both in one court. I don't know whether they thought they could get a favorable judgment in one or the other".
    "We did file two law suits, but I've never met your honor until today and I have no idea how the Maverick County Court System works as opposed to anywhere else in the state.  I never told anyone to consolidate these cases.  The law is clear in four Texas cases as well as waiver cases everywhere under the sun."
    Cobb rebutted with four cases including the 1995 case Maverick County vs Ruiz where Maverick County was sued and was held liable to pay attorney's fees.
    When it was all said and done absolutely no decision was handed down by Abascal as he ruled that he would not hear the case until a decision was handed down by the Fourth Circuit Court of Appeals and/or the Texas Supreme Court.