Tro Lake Residents Vs Gbra

NO.
_____________________
JIMMY AND CHERYL WILLIAMS, § IN THE DISTRICT COURT OF

ET AL., §
§
Plaintiffs, §
§
vs. § GUADALUPE COUNTY, TEXAS
§
GUADALUPE-BLANCO RIVER §
AUTHORITY AND ITS OFFICERS §
AND DIRECTORS §
§
Defendants § ______TH JUDICIAL DISTRICT
TEMPORARY RESTRAINING ORDER
On the date and time stated at the end of this Order, the Court heard Plaintiffs’ Application
for Temporary Restraining Order. All parties received notice of the hearing on this Temporary
Restraining Order and had the opportunity to appear through their attorneys of record. After
considering the pleadings, exhibits, all other documents filed in this case and argument of counsel
at the hearing, the Court is of the opinion that Plaintiffs’ Application for Temporary Restraining
Order should be, and is, GRANTED because:
1. Plaintiffs have asserted and demonstrated their causes of action against the
Defendants and a probable right to the relief sought pursuant to Chapter 2007, §§ 2007.002, et
seq., Tex. Gov’t Code for the unlawful “taking” of the Plaintiffs’ water-front, improved real estate
appurtenant to the Guadalupe River and all tributaries and back-waters thereof located in Comal,
Guadalupe and Gonzales Counties on the Dunlap, McQueeney, Placid, Meadow, Gonzales and
Wood reservoirs based upon the unreasonable interferences by the Defendants with those property
owners’ rights to use and enjoy their properties and by further restricting or limiting their rights to
their properties.
1
2. Plaintiffs have asserted ultra vires claims against the individual Defendants for
injunctive relief as a result of the Defendants’ failure to perform ministerial acts as required by
Texas law, specifically, Art. 8280-106, Vernon Civ. Stat., as amended by S.B. 626, effective
September 1, 2019, and § 299.41, Tex. Adm. Code and the individual Defendants’ actions
undertaken without legal authority. See Houston Belt & Terminal Ry. Co. v. City of Houston, 487
S.W.3d 154 (Tex. 2016).
3. Plaintiffs have shown a probable right to declaratory injunctive relief because Texas
law specifies the ministerial acts the individual Defendants are required to take as contained in the
statutes noted above.
4. Plaintiffs will suffer imminent and irreparable harm, including but not limited to,
damages to the environment, damages to 100 year old bald Cypress trees owned by the Plaintiffs
and lining the lakes/reservoirs at issue, inadequate time for the property owners to plan for and to
take actions to protect lake-front improvements, including but not limited to, homes, bulkheads,
docks, decks, boathouses and other water-front improvements, damages to property values and the
loss of the Plaintiffs’ rights to enjoy their improved, real property for the purposes those properties
were improved as a result of the Defendants’ alleged unreasonable, intentional interference with
same and their intentional acts and omissions.
5. There are other, less drastic means besides dewatering the remaining four reservoirs
that the Defendant GBRA has at its disposal to ensure the downstream protection of property and
public safety. There is currently no threat to Lake McQueeney and public safety thereon since
Lake Dunlap was dewatered in May 2019, by the failure of its dam and there is currently no threat
to properties or to public safety to LakeWood and below since Lake Wood was de-watered three
years ago. The dam on Lake Placid was constructed in 1964 and therefore, is currently about one-
half through its useful life and there is no evidence of its imminent failure.
2
6. This Temporary Restraining Order will preserve the status quo of the parties as well
as to serve the public’s interest. The harm to Plaintiffs if this Temporary Restraining Order is not
granted outweighs any potential harm to Defendants by the issuance of this Temporary Restraining
Order. Granting injunctive relief will also benefit the public’s interest. It is therefore
7. ORDERED, ADJUDGED and DECREED that Plaintiffs’ Application for
Temporary Restraining Order be and is hereby GRANTED. Accordingly, it is
8. ORDERED that the Defendants, Guadalupe-Blanco River Authority and its
Defendant officers and directors, Kevin Patteson, Jonathan Stinson, Dennis L. Patillo, Don
Meadow, Kenneth A. Motl, Rusty Brockman, William Carbonar, Steve Ehrig, Oscar Fogle, Ronald
J. Hermes and Tommy Matthews, II together with their agents, servants, employees, independent
contractors, attorneys, representatives and those persons who act in concert or in participation with
them who receive actual notice of this Order by personal service or otherwise, be and are hereby
RESTRAINED from de-watering or draining the McQueeney, Placid, Meadow and Gonzales
reservoirs located in Comal, Guadalupe and/or Gonzales Counties, Texas. It is further
9. ORDERED that since the Defendants are or are employed by a state agency and a
subdivision of the State of Texas in their governmental capacities and the Defendants have no
money damages which can be shown pursuant to Rule 684, Tex. R. Civ. P., the Plaintiffs shall post
with the Clerk of this Court a bond or cash deposit in lieu of a bond, in the amount stated below in
conformity with Rule 684, Tex. R. Civ. P., payable to Defendants and condition that Plaintiffs will
abide by the decision which may be made in the cause and that Plaintiffs will pay all sums of
money and costs that may be adjudged them not to excess $100 if the Temporary Restraining Order
shall be dissolved or dissolved in part.
10. The Clerk shall forthwith, when so requested by Plaintiffs and after Plaintiffs have
filed the bond or cash in lieu thereof as described above, issue a writ of Temporary Restraining
3
Order in conformity with the laws and the terms of this Order. It is further
11. ORDERED that unless extended by agreement of the parties or changed by further
Order of this Court, this Order becomes effective only at such time as Plaintiffs file with the Clerk
of the Court a bond or cash in lieu thereof in the amount of $100. It is further
12. ORDERED that Plaintiffs’ Application for Temporary Injunction will be heard
before this Court on October _______, 2019 at __________ o’clock ________, Room _________.
It is further
13. ORDERED that this Order expires no later than 14 days after issuance or when
amended by Order of this Court, whichever occurs first.
SO ORDERED this _______ day of September, 2019 at _________ o’clock ________.
__________________________________
JUDGE PRESIDING

Tro Lake Residents Vs Gbra

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NO.

JIMMY AND CHERYL WILLIAMS, § IN THE DISTRICT COURT OF

TEMPORARY RESTRAINING ORDER

Order should be, and is, GRANTED because:

S.W.3d 154 (Tex. 2016).

statutes noted above.

same and their intentional acts and omissions.

7. ORDERED, ADJUDGED and DECREED that Plaintiffs’ Application for

Temporary Restraining Order be and is hereby GRANTED. Accordingly, it is

8. ORDERED that the Defendants, Guadalupe-Blanco River Authority and its

reservoirs located in Comal, Guadalupe and/or Gonzales Counties, Texas. It is further

shall be dissolved or dissolved in part.

amended by Order of this Court, whichever occurs first.

SO ORDERED this ___ day of September, 2019 at _ o’clock ____.

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