Another round of motions has been filed in the lawsuit brought by the City of Teague against the City of Fairfield. With their next hearing set for Thursday, March 28, 2019, Judge Simmons declined to sign off on Teague’s March 21st request for a hearing requesting a temporary restraining order against Fairfield, seeking to prevent Fairfield’s City Council from conducting a special called meeting later that evening. In court documents, Teague alleged that Fairfield would violate the Texas Open Meetings Act (TOMA) by attempting to ratify prior actions from illegal meetings dating back to April 12, 2016, asserting authority they say Fairfield does not have. Subsequently, the special called meeting of the Fairfield City Council proceeded as planned. Read our coverage of that meeting on PAGE. Judge Simmons also declined to sign an order granting review of Fairfield’s closed executive sessions for specified dates ranging from 2012 through 2019. Teague’s motion for court review, filed March 20th, seeking to gain access to recording tapes, certified agendas, and documents from forty-nine of Fairfield Council’s closed executive sessions. That motion will be heard at the cities’ next hearing Thursday, March 28th at 1:30 p.m. Following their February 28th hearing, both parties submitted their respective responses, and corresponding exhibits, for Judge Simmons to review. On March 15th, Fairfield filed a motion for partial summary judgment, with respect to all TOMA violations claims against them prior to September 18, 2015. Summary judgment refers to a pre-trial remedy that can be granted to resolve disputes involving legal interpretation when no significant facts are being contested. Filing for a partial summary judgment, Fairfield requests that the court decide the TOMA violation claims alleged in Teague’s suit. Furthermore, Fairfield filed a motion March 4th to sever these claims from further proceedings. Fairfield’s motion for partial summary judgment and severance of the TOMA claims will also be heard at the March 28th hearing. On Friday, March 22nd, Teague filed a motion for mediation, citing that this case involves disputes between the two cities and involves matters of great significance and political sensitivity. Now, holding out reasonable expectation that the disputes may be resolved by the use of mediation, Teague now requests that the court refer the dispute to mediation after six months of litigation between the two municipalities. Court proceedings began in September 2018, with Teague alleging breaches to the Interlocal Definitive Agreement and Facilities Agreements signed between the two cities and the Texas Department of Criminal Justice’s (TDCJ) Boyd Unit in 1990 and 1992 respectively; mismanagement of associated funds; and violations of the Texas Open Meetings Act. Questions first arose when the cities’ attorney, who at the time, represented both Teague and Fairfield in the Agreements, contacted the City of Teague in April 2018 with a request to address the Council regarding Teague’s official release from the current Agreement, as well as the new proposed water project being pursued by the City of Fairfield and TDCJ exclusively. Teague filed suit seeking injunctive and declaratory relief from Fairfield, petitioning the court to order Fairfield to cease violating the Agreements; award Teague monetary damages of over $200,000 but not more than $1,000,000; and declare the rights of both parties in this suit. Fairfield answered with a motion to dismiss; and a petition for a jury trial rather than the declaratory judgment requested by Teague. During the course of the lawsuit, Fairfield has claimed sovereign immunity, meaning that the city is exempt from civil litigation and issued a plea to the jurisdiction to that effect, challenging the 87th District Court’s authority to decide the case. Both cities have requested reasonable and necessary attorney and court fees amassed as a result of this lawsuit, be paid by the other party. Now, Judge Simmons is tasked with determining his court’s jurisdiction in this matter, and whether or not the lawsuit between the two cities will eventually go to trial. The two cities will appear before Judge Simmons on Thursday, March 28, 2019 to hear Teague’s motion for court review and Fairfield’s motion for severance of TOMA claims at 1:30 p.m. in the Freestone County Courthouse. On April 4th on 1:30 p.m., the cities are set to meet again to hear Fairfield’s motion for partial summary judgment. Megan Hempel reporting
