The latest update on the Remuda Ranch Estates Association vs Johnnie and Clara Russell lawsuit:

January 5th the Russells were back in court where the Judge overruled the previous court decision, ruling instead in favor of the Russells, which eliminated the bond payment requirement and opened the door for the Russells to appeal the original decision against them in District court.  A court date has not yet been set, but it is anticipated to be done in the next week or two.

Along with this victory, other interesting issues have occurred:

Sign in relation to the Russell's property line

The Russells had their land surveyed and discovered that the sign in question was in fact not placed on their property, but was actually placed about four feet away from their property line – on county land.  The county maintains the land on which the sign was placed, coming out about three times a year to mow or clear brush.  Anyone could have removed the sign at any time, but did not do so.  Due to the fact that the sign was not on the Russell’s property, the charge by the HOA that the Russells have violated a deed restriction should be thrown out.

Less than a week later, Clara Russell was disturbed by her dogs’ barking; looking out a window she realized that Shelby Dougherty (Secretary of the Remuda Ranch Estates HOA) was on her property with a surveying crew, surveying the Russell’s property (even though the Russell’s attorney had provided the court with the results from the survey the Russells had done themselves).  The police were called and Shelby Dougherty was issued a citation for Criminal Trespass and warned that if she ventured onto the Russell’s property again, she would be arrested.

Shelby Doughtery's Citation for Criminal Trespass

Clara Russell was upbeat when I talked to her today, saying that she expects the Remuda Ranch Estates Association to be forced to drop the case due to the fact that the HOA has run out of money.  In November, the HOA had about $3400 left (out of $54,000 the association received through a gas-drilling lease from Barnett Shell, which the HOA has used for some improvements but also to pay for court costs incurred by the lawsuits the HOA has been involved in).  Since then, there have been several court appearances, which should have eaten the rest of the HOA’s funds.  According to Ms. Russell, each party must have representation in District court – without the money for an attorney, the HOA may be forced to drop the complaint against the Russells.

Editor’s note: Shelby’s name has come up in numerous interviews and was quite vocal in a recently released video of a Remuda Ranch Estates HOA board meeting titled, “Bad HOA’s Gone Wild”. You can see her wearing a bluish shirt and glasses nearest to the video camera in the video shown below.

I have also been provided copies of text messages Mrs. Dougherty allegedly sent HOA resident David Ray regarding another “Wake Up America” sign that the board thought was on his property. The sign happened to be on the gate of the adjacent property which was outside the HOA’s jurisdiction. You can see these threatening text messages in the following photos.

Text sent to HOA resident David Ray by Shelby Dougherty.

Another message sent to HOA resident David Ray by Shelby Dougherty