Update on Russells – Judge Overrules Johnson’s JP Court Judgement
ByThe 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
Other stories of interest:
- Verdict is in on the ‘Wake Up America’ sign started by Talk Host Glenn Beck
- Update: Remuda Estates HOA vs Russells Case
- Looking into the Board Members (Bullies) of the Remuda Ranch Estates Homeowners Association (Update)
- Conflict of Interest Causing an Uprising in Parker County, Texas over Homeowners being Sued (Update #1)
- Activist Judge Rules Against Freedom of Speech in North Texas! (update #6 7-26-2011)
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Amazing what happens when the judge isn’t friends with one of the people bringing the lawsuit. It was obvious that the JP court judge was biased in her decision. At least the district court made it right and I am sure will do so with the original complaint if the HOA is foolish enough to keep going.
As far as Shelby Dougherty’s involvement, this is evidence of a board member out of control. Who goes and trespasses on another person’s property or goes and surveys a resident’s property without asking permission first? It was interesting that Mrs. Dougherty informed the Weatherford Democrat that the survey was planned but failed to inform the Russells.
The text messages were also out of line. Why go to the extent to threaten a homeowner over a sign that wasn’t even in Remuda but hanging on a fence outside of Remuda?
Is this just an out of control board member or did she have the approval of the board for these actions. Maybe the president of the board, Tommy Stewart, would be willing to answer this question as he has answered so many on this forum.
Lies lies lies……I just can’t believe the lies that you people are capable of.
Think about this if you will. The Russells testified that they live in a $200,000 home on almost 2 acres of land that they purchased three years ago with nothing down and all cost in the mortgage. They own a $25,000 boat, a 2011 Dodge truck with a 24% loan, and late model car again with a high interest loan, they traveled to Cancun, Hawaii, the Smoky Mountains last year, they attended numerous Cowboy games and Ranger play off games all while Mrs Russell collect unemployment and Mr Russell brought home $795 a week. The number jsut don’t add up. And this while they claim that they are indigent and get to use TAX PAYER money to fight a fair and correct judgment. Bottom line, the Deed Restrictions don’t allow signs such as the one they displayed, they knew that and they were asked to take in down. They lied and lied about the sign and they were held to account in the best interest of basic American thought and practice. To not do so is un-neighborly, illegal and against all that this great country is built on. It is un-american to intentionally violate the law especially while taking advantage of all of the benefits of being American; Unemployment, protection from creditors, etc. These people are the epitome of UN- American.
Let’s take your assumptions as they are offered. 1.) Lie, lies, lies because you don’t agree? Or because you can prove they are false?
2.) I never heard any testimony that they have nothing down on their mortgage, Only that the house was not worth the price owed on it at the present,which is a fact in all too many instances in America since the housing bubble burst. 3.) They had the boat before they bought the house in Remuda. 4.) The truck was a required purchase. Mr. Russell’s car, which he needs to get to and from work, was in such bad condition that the dealer towed it from the Russell’s house to the dealership for a trade in. 5.) The trip to Hawaii and Cancun were paid for by others and were therefore gifts, as were the tickets to the Cowboy games, etc. Does drawing unemployment now preclude people from accepting gifts from friends and relatives? Please print that rule for our edification, if it indeed exists. (I think THAT is a LIE) 6.) NO taxpayer funds have been expended on the Russells, but homeowners’ funds have been squandered on stupid lawsuits by your hoa. Now THAT is un-neighborly for sure. The sign wasn’t even on the Russell’s property, which make Remuda guilty of filing an unmeritorious lawsuit, for which very stiff penalties can and should be levied. You have placed your residents in a very precarious position both legally and financially by figuratively taking a header off the 6 meter high board without first checking to see if there is water in the pool. When you should be trying to mend fences, you are instead amkin nasty comments and trying to further alienate people in the community. What in the name of all that is holy, is your problem? The sign that you so despise is more American than you can ever be. You are pitiful, and I feel sorry for you.
At least everyone can now see why so many residents in Remuda are frustrated with the leadership of the HOA. Mr. Stewart went on a rant but failed to answer the question of whether the actions of Mrs. Dougherty were approved by the board or if she is a board member out of control.
Basically the district judge said that even if the Russells sold everything, they would still be unable to pay. Many Americans right now are living by making their payments on loans but having little left over for daily living. It is not unAmerican, it is reality in this economy. You would think an Occupy Wall Street participant like Mr. Stewart would realize that.
While Mr. Stewart tried to make the case that the Russells can pay because they went on trips, he failed to mention that the Cancun trip was for their daughter’s wedding (paid for by the groom’s parents), the trip to the Smoky Mountains was while Mrs. Russell was babysitting for a family and was asked to go on the trip to help with the children, and the trip to Cancun was a birthday present from her kids.
There has never been a question as to whether the sign was against the deed restrictions. However, with the number of other signs up in the neighborhood, it is apparent that the deed restrictions were not being enforced by the board. While Mr. Stewart claims there is a written policy on what signs are allowed, it has never been distributed to the residents and therefore residents do not know what signs are allowed and what signs will not be allowed.
Mr. Stewart says they were asked to take the sign down. Who asked them? Their zone director testified that he had never met or talked to Mrs. Russell before the hearing. Mr. Stewart himself testified that he had not spoken with the Russells before any court hearing. The certified letter that was sent to them was never signed for by the Russells and the content was not made known until after the case was filed. Who talked to them?
As far as un-neighborly, unAmerican and illegal activity, I think the people only can look at this HOA board and see a perfect example of unAmerican and illegal activity. Who goes on a person’s private property without permission and surveys that person’s property without permission?
Finally, as for Mr. Stewart’s claim that there are only a couple of followers to one person who posted on here, where is the support for the HOA board? At the last court hearing, not one person (outside of board members) showed up from the community to support the board and their actions. The Russells had several residents from Remuda there to support them.
Correction: the trip to Hawaii was for their daughter’s wedding. I accidently wrote Cancun in the response to Mr. Stewart’s tirade.
Mr. Stewart,
I will try to address your issues one at a time even though I realize it is a waste of time to explain facts to you.
In regard to the house, that is fact and was testified to under oath in court.
In regard to the boat, the testimony is the boat is still being paid for and is worth less than the amount owed.
In regard to the truck, it was necessary to get reliable transportation to get to and from work.
In regard to the trips, did you fail to understand that the Russells did not pay for these trips? The trips were funded by others and for valid reasons. Also testified to in court under oath.
In regard to the Cowboy games, the tickets were provided free of charge to the Russells by friends with season tickets. Also testified to in court under oath.
Mrs. Russell was advised of unemployment benefits she will receive after the hearing in JP court and the amount is minimal compared to the $7,000 fine and $14,000 required for a bond. Also testified to in court under oath.
The Russells are not using taxpayer money to fund their appeal. They have paid the court costs which is all that is required. Only the HOA has used money that does not belong to them. The HOA has used thousands of dollars that belong to members of the Remuda Association. The board members should be ashamed of themselves.
Based on the number of signs in Remuda and not having a copy of deed restictions, the Russells were not aware they could not have the sign. And, both the Russells survey and the Shelby’s survey prove that the sign is on the county right of way. Please answer the question of who provided payment for Shelby’s survey. We see no mention of the board discussing this in the posted minutes.
What is unneighborly is to have a board who only enforces deed restriction against people they don’t like while others can do the same thing and it be regarded Yard Art. No provision in the bylaws or deed restrictions for yard art and who decided on what is art?
By the way, I sent you a detailed response to a previous article that debutante the information provided. The fact that you did not even acknowledge that information is proof positive that your information is bias and completely without merit. So you and both of your followers can wallow in this drivel for ever and ever it will have no effect on the outcome.
I have no idea who you sent what response to or what it contained, by my question is this: what is meant by “debutante the information” ? Is this code, or a joke?
Mr. Stewart said “It is un-american to intentionally violate the law especially while taking advantage of all of the benefits of being American; Unemployment, protection from creditors, etc. These people are the epitome of UN- American.
This from an Occupy Wall Street participant who promoted and marched with a group who violated the law while taking advantage of the benefit of free speech that one gets by being American. We have all seen the numerous law breaking actions of OWS.
Now we must look at who Mr. Stewart is calling unAmerican.
Johnnie Russell is a veteran of the United States Army. He served this nation proudly from 1969-1971. While some fleed to other countries to avoid serving, Mr. Russell proudly stepped up to serve.
Clara Russell spent 20 years in the field of law enforcement.
They are fine examples of what Americans do to serve their country and their community.
For them to be called anything else is an example of the character of the accuser. Is it any wonder that this HOA is in trouble.
I can prove all that I say. Past service to our great country does not excuse current misdeeds, do you excuse a vet that robs a store because he served, no, we all held to the same standards of conduct.
I find it interesting that while I proudly express my believes and opinions under my name, you all hide behind fake names, HOA Watcher; please. Either post under your name or I will consider your comments to be less than worthless.
Mr. Stewart, do you have the courage to post the entire amount of money the Remuda HOA has recieved from their gas lease with Carrizo? Some of us, both in the HOA and outside the HOA, would be very interested to know the exact amount of the Remuda residents’ money your little band of mischiefmakers have managed to squander. I for one, am amazed that some resident hasn’t sued you to recover the money. I guess they know you can’t get blood from a turnip, so to speak.
That scenario will change when you are forced to disband and sell off all of the association’s assets. You are aware of that plan aren’t you? If not, you just haven’t been paying attention, but that is a constant state with you isn’t it?
You cry like the baby you are when you feel like you are not getting your way. Why would anybody post under their own name and suffer the slings and arrows that you heap on Mr. Cavenah? You are the reason for the phony names of some of the posters. You hide behind the HOA and attorneys, instead of standing up and facing people with your slanted, cock-eyed views. You are the epitome of the word COWARD.
We know you haven’t the courage or the strength of character to post the figures from Carrizo, but I am sure the folks planning the HOA’s demise are smart enough to subpeona the information and use it against you.
Happy trails Rabbit, the Wolves are closing in.
I am sure that Mr. Stewart would consider the truth ” less than worthless” if he doesn’t agree with it. The arrogance to think he can demand what name a person uses is just another example of why there are problems with this HOA.
It’s also easy to say that you will consider comments worthless when you can’t defend the HOA’s actions in this and several other areas.
Mr. Stewart said the sign was on the Russell’s property. Prove it is on their property. Why not use the results of the survey that Mrs. Dougherty received the trespass warning to get. What did that survey prove? BTW, when will the question be answered if Mrs. Dougherty was working with the board’s approval or if she was working on her own?
Why don’t you prove what you said about there only being a few people who disagree with the HOA? Again, how many non-board members showed up in court to support the board’s actions? How many showed up to support the Russells?
According to Marvin Herring (former board member) he resigned because he didn’t agree with the board’s actions. Does this board really have any support for wasting the community’s money on a lawsuit like this?
The Russells met the legal criterea for inability to pay (also called indigent). Their debts are more than their assets. Again, the district judge said that even if they sold all they had, they would not be able to pay the amount needed for the bonds.
I can see where an OWS participant would be angry that they would have friends who take them to games or family members who take them on trips. It is the idea of OWS participants that everyone be as miserable as they are and that those who have money should not be allowed to spend it as they decide.
This case has shown why there are more laws being passed each legislative session in the State of Texas to restrict the actions of out of control HOAs. Too many HOAs use their authority/power to selectivley enforce covenants on some residents they don’t like. We are so happy that this case in particular has legislatures looking at more restrictions being placed on out of control HOAs. Hopefully after the next legislative session no other family will have to go through what the Russells have had to endure.
So I see that no one is willing to stand behind their statements by using their real name; except me. So much for an opened and honest discussion of the facts.
Mr. Stewart,
Do you not read or just not understand? I used my name. You know who I am. That is total BS that no one is willing to stand by their statements, and you refuse to acknowledge that fact. It is impossible to have an open and honest discussion with you because you fabricate your own “facts” to suit your purposes. You have my sympathy because it is a hard life when a person is so obtuse.
Go back and reread my previous post. If you still don’t understand, we will take it item by item; and I will endeavor to use words of one syllable.
By the way, it would move the conversation forward if you would respond to questions posed to you. I am really interested in knowing what you meant by “debutante” in a previous post and the reason you will not divulge the amount of money squandered by the HOA with no meritorious results for the community. Another point of interest is who paid for the obtrusive survey of the Russells property; and if the board did, when was the discussion and vote taken? I would also like to know how much money the board now has on hand as it appears to me from the minutes, the board now has the association in the hole.
The facts don’t change whether a name on a post is a person’s legal name or screen name.
The discussion also doesn’t have to change based on a name. An exchange of ideas does not vary based on a name. It is cut off when one party refuses to answer any of the questions placed before him.
1. How much money has the HOA squandered on lawsuits?
2. Did Mrs. Dougherty act on her own or with the board’s approval?
3. Does the HOA really have any support for these lawsuits?
It is your refusal as president of the HOA to answer these very simple questions that keep us from having an open and honest discussion of the facts.
He is too embarassed to answer the questions you ask, hoa watcher. The true answers would make the whole bunch look so bad they probably wouldn’t go outside for fear of being seen by someone who knew them.
You do Barbara but who are HOA Watcher, outrider, perplexed observer? People still hiding behind fake names. An open discussion can only be OPEN if all parties are know and all is above board. End of story.
I can not tell you who the others are. I only know who I am. Why don’t you answer my questions? Why do you ignore them and go off on a different tangent? I would consider there to be more openness if you would be responsive. Apparently that is too much to expect of you. I am assuming from your above statement you have no intention of answering. If you do not want to answer in this forum, you have my email, answer there. However, I will not hold my breath because I do not think you have the courage to answer. BTW, I see the judge’s order is out. So on to the next step. Are you ready to concede? Since you are out of other folks money, I do not see how you can do otherwise because none of you will invest your money or in other words – put your money where your mouth is.
I thought you knew who I was since on another response you said we had had long discussions on the matters being discussed.
You did say that you can prove everything you have said. So have you really ever had a long discussion with me? Do you know for sure that I even live in Remuda or am I just someone who has a relative in Remuda and is tired of that relative having to put up with an out of control HOA?
Is it just Remuda’s HOA that I’m watching?
Mr Stewart…
Why do you ask of others that which you can not deliver…
Why have never asked who> the_cnidarian is??
WHY? because he is YOUR SON!!!!!!!!!!!
Editor’s note: I have removed the rest of this comment due to at least one of the individuals being named having not been a part of this ongoing neighborhood issue. ~ T.T.
So he is demanding that I use my real name but he doesn’t demand that of his own son?
Kind of a double standard there don’t you think?
Did you really expect him to use anything other than his normal double standard? Surely you jest.
wow…
Tommy don’t wanna come out and play no more…? Or should i say soon to be a Grand Pa Tommy…? He’s all mad so he is taking his marbles and running home to cry… Will see you SOON!!! come on out and play.
That is typical “Poor little Tommy”. If he can’t get his way, he won’t play. You must play by his rules or he gets upset and starts crying.
His son seems to have the same family traits.