Maverick County Commissioners Court and Elections Administrator Roy Schmerber File Appeal of Judge Kirkendall’s Final Judgment Against Maverick County in 2016 County Tax Rate Lawsuit

By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2017

Maverick County and Maverick County Commissioners Court composed of County Judge David R. Saucedo in his Official Capacity, Jerry Morales in his Official Capacity as Maverick County Commissioner Precinct 1, Rosy Cantu in her Official Capacity as Maverick County Commissioner Precinct 2, Pete Venegas, Jr. in his Official Capacity as Maverick County Commissioner Precinct 3, Roberto Ruiz in his Official Capacity as Maverick County Commissioner Precinct 4, and Maverick County Elections Administrator Teodoro Roy Schmerber have filed on Tuesday, June 20, 2017, their Notice of Appeal of Visiting District Judge W.C. Kirkendall’s Final Judgment, dated June 16, 2017, against all of them in the state district court lawsuit filed by Maverick County taxpayer Ethelvina I. Felan regarding the approval of an incorrect higher 2016 County Tax Rate as well as the wrongful denial of a tax roll back election on said tax rate despite satisfying the necessary signatures required to hold such roll back election.

The consequence of the Maverick County Defendants’ appeal of Judge Kirkendall’s June 16th Final Judgment is that the case will now go before the Texas Fourth Court of Appeals in San Antonio, Texas for review and determination whether Judge Kirkendall’s June 16th Final Judgment is correct or incorrect, causing a substantial delay of six to twelve months before a final decision is made.  Either party may also appeal the case to the Texas Supreme Court should they not be satisfied with the Texas Fourth Court of Appeals decision, delaying even further a final decision on Maverick County Commissioners Court incorrect ratification or approval of the 2016 County Tax Rate.

Another consequence of the appeal is the cost of reasonable attorney’s fees, court costs, and expenses of Maverick County will have to be borne by County taxpayers, particularly should Maverick County lose the appeal.

Maverick County taxpayers prefer to hold a tax roll back election within 30 to 90 days on the 2016 County Tax Rate approved by Commissioners Court as ordered by Judge Kirkendall in his June 16th Final Judgment instead of prolonging the final day of reckoning for Maverick County, Maverick County Commissioners Court, Maverick County Elections Administrator Roy Schmerber, and County taxpayers.

Taxpayers have had enough of Maverick County Commissioners Court spending their hard-earned tax dollars on litigation, particularly since a non-partisan out of town jurist has already ruled on the matter and against them. Taxpayers prefer that Maverick County Commissioners Court address their grave mistake in ratifying or approving an incorrect higher 2016 County Tax Rate rather than spending more money on litigation and prolonging the situation for Maverick County and its taxpayers.  The whole matter can be easily resolved within 30 to 90 days if a tax roll back election is held.

One taxpayer who requested to remain anonymous noted that an appeal will compound the future financial crisis for Maverick County since Commissioners Court are scheduled to start the 2017-2018 fiscal year budget process next month in July while this 2016-2017 County tax rate fiasco remains pending in the legal courts.  The taxpayer stated that no matter what the Court of Appeals decides, Maverick County taxpayers will ultimately have to pay the expensive litigation and attorney’s fees and possibly face higher taxes in the future to pay for this whole tax rate fiasco.

Another taxpayer requesting anonymity stated that Maverick County taxpayers were not consulted with nor asked about their wishes on whether to appeal Judge Kirkendall’s June 16th Final Judgment or hold a tax roll back election within 30 to 90 days as ordered by Judge Kirkendall.  The taxpayer stated that Maverick County Commissioners Court approved to appeal the June 16th Final Judgment at the expense of County taxpayers.

Any party to an adverse final judgment against them have the right to appeal that judgment to a Court of Appeals within 30 days after entry of the judgment.  A Notice of Appeal is filed by a party and his or her attorneys when they have a good faith and reasonable belief that a final judgment may be legally incorrect and reversible.  Obviously, the Maverick County Defendants and their attorneys have a good faith and reasonable belief that the June 16th Final Judgment is legally incorrect and reversible.

Maverick County taxpayers meanwhile remain restless and anxious in bringing a final conclusion to the 2016 County Tax Rate dilemma.   They will have to wait longer before bringing closure to this tax rate fiasco, possibly six to twelve months.