Maverick County sued for Non- Payment of Lopetegui Park Equipment in Precinct 1
A lawsuit on file in the 365th Judicial District Court in Cause No 12-05-27515 since May 30, 2012 is styled Landscape Structures, Inc. vs. County of Maverick and County Commissioner Eliaz Maldonado. This case was recently discussed in executive session at the Maverick County Commissioners Court meeting on Monday March 11, 2013.
The initial lawsuit alleges that on August 3, 2010 then County Commissioner Eliaz Maldonado ordered and executed purchases from Landscape Structures, Inc. in the amount of $83,813.60 in playground equipment. It further states that in the month of August of 2010, the playground equipment was shipped to Eagle Pass, Texas for delivery to Precinct 1 offices at 2850 Main Street, Eagle Pass, Texas.
The petition further states that upon request of County Commissioner Eliaz Maldonado and the County of Maverick, Landscape Structures, Inc. installed the playground equipment five months later on January 21, 2011.
Landscape Structure, Inc. through their attorney claims that despite many attempts to secure payment for the equipment and services rendered from Commissioner Maldonado and the County of Maverick, their attempts have failed.
The petition further states that the Plaintiffs (Landscape Structure, Inc.) provided the defendants ( Eliaz Maldonado & the County of Maverick) notification of their intent to file suit and presentation of claim as required by Section 89.004 of the Local Texas Government Code on March 28, 2012. It further states that the defendants failed to respond to the plaintiff’s notice. The Plaintiff is thus suing for Breach of Contract in the amount of $83,813.60 plus accrued interest as provided for in the agreement and is also respectfully asking for the court to grant judgment for prejudgment and post judgment interest at the highest legal or contractual rate allowed by law. The plaintiff is also asking that the court grant judgment for at least $5,000 in attorney’s fees with additional contingent amounts depending if there are future appellate procedures. The plaintiff is also asking for judgment in regards to all court costs and that Plaintiff also be granted all further relief that they may be entitled to at law or in equity.
The lawsuit matter was discussed on Monday’s March 11th, Commissioners Court Meeting during executive session. Upon returning into regular open session, the item was moved on and Maverick County Judge David Saucedo with the consensus of County Commissioners agreed that action to fix the problem needed to be taken. The motion to move on this item was set into action by new County Commissioner of Precinct 1 Jerry Morales who authorized County Attorney Ricardo Ramos to continue negotiations with opposing counsel to come to terms on a settlement agreement.
Morales’ motion, was seconded and then voted on and passed unanimously.
The Plaintiffs (Landscape Structure INC.) are being represented by Attorney Catrina Purcell Longoria of Langley and Banack, Inc.
Another recent incident noteworthy was the repossession of a Maverick County water truck from Precinct 1 on Saturday, March 9, 2013, by a repossession company based out of San Antonio, Texas for non- payment. The outstanding bill owed for the purchase of the water truck is for $190,000 and was never paid off according to the seller of the water truck.
