“It is further ORDERED that Plaintiff The State of Texas is hereby prohibited from requesting from FLG and the non-parties additional discovery unrelated to the matter or to the pending eminent domain proceeding” so read the judge’s decision on FLG Owner LLC’s (Todd Interests) motion to squash State’s request for entry and to acquire a protective order from State discovery.

On October 9. 2023 the 77th Freestone County Court entertained this appeal. It was the most recent court action regarding the Petition filed by Texas Parks & Wildlife to Condemn the property surrounding Fairfield Lake.

The court proceedings are being heard by visiting Judge David Brabham. He had agreed to take the case once Freestone County District Judges, Patrick Simmons and Amy Thomas Ward, recused themselves.

Judge Brabham retired after 36 years of service, beginning in Gregg County and ending in Anderson County,

The State had been granted entry to perform surveys and environmental site assessments.

FLG also agreed to an additional boundary survey and environmental site assessment.

On August 28, the State made another request to come onto the property, which was denied.

The State’s attorney Charles McFarland, after being denied entry again by Judge Brabham, pled his case for entry during the Defendant’s motion to squash State’s request.

Attorney McFarland wanted the state to be able to enter the area to see if they could determine that any of it was contaminated.

FLG Attorney, Eddie Vassallo, argued that they had been on the property twice. He felt they should have determined any contamination at that time.

Judge Brabham agreed.

The State has filed an Interlocutory appeal with the 10th Court of Appeals in Waco, Texas.

That outcome has not been decided.

In other news, on October 2, 2023, three Commissioners were appointed by Judge Brabham. These were: Taylor German, Gene Reynolds, and Nanette Harwell. Alternates were Eli Pratt, and Justin Lee.

Each Side had 10 days to accept or eliminate the appointees.

On October 12, the State chose to dismiss Mr. Reynolds, and Eli Pratt was then moved up. However, FLG dismissed Mr. Pratt. Justin Lee then became the third Commissioner.

Ms, German is the Realtor in Freestone County. Ms. Harwell is Banking Center President for Prosperity Bank. Justin Lee is a rancher and real estate broker.

It is now in the hands of these three Commissioners to assess the property and determine its worth.

Mary McDonald reporting.