HomeMy WebLinkAboutRes 97-47 Authorizing the Law Firm of Goins, Underkofler, Crawford and Landgon to File a CounterclaimRESOLUTION NO. 97- -'41
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE AUTHORIZING THE LAW FIRM OF GOINS, UNDERKOFLER,
CRAWFORD & LANGDON TO FILE A COUNTERCLAIM ON BEHALF OF
THE TOWN AND ITS OFFICIALS IN THE "HILLWOOD" LAWSUIT, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Hillwood Development Corporation, Hillwood/Willow Bend, Ltd.,
Hillwood/822 Ltd., Hillwood/1088 Ltd., Lakeway Land, Ltd., and Lakeway Property
Company, Ltd., ("Hillwood") have filed a lawsuit in the District Court of Dallas County,
Texas against Mayor Scott Bradley, Aldermen Charla Bradshaw, Abe Bush, and Fred
Held, Town Attorney Paul Isham, Planning and Zoning Commission member Donald
Redding, and two other citizens of Westlake; and
WHEREAS, the Board of Aldermen believes that the suit was filed as part of the
overall strategy to prevent the Town from devoting proper attention to its activities and
efforts to set aside the illegal disannexations that occurred on May 2 and May 8, 1997;
and
WHEREAS, the Board of Aldermen further believes that the suit has been filed to
intimidate and harass the officers of the Town of Westlake and to "chill" the efforts of
the officers and citizens of Westlake to serve as officials of the Town and/or express
themselves concerning the atrocities that have been committed against Westlake; and
WHEREAS, the Board of Aldermen further believes that it is necessary for the
Town of Westlake to vigorously defend the Hillwood lawsuit against the Town officials
and other residents of the Town so that in the future, residents of the Town will not be
reluctant or unwilling to serve as officials of the Town for fear that they will be sued; and
WHEREAS, the Board of Aldermen believes that it is in the best interest of the
citizens of Westlake and the public welfare of the Town, and that it serves the public
interest and purpose to protect the Town's officials and citizens from acts of intimidation
and harassment by funding a counterclaim on behalf of the Town of Westlake and its
officials against the Hillwood entities and individuals connected with those entities; and
WHEREAS, the law firm of Goins, Underkofler, Crawford & Langdon, L.L.P.
has submitted a proposal for representing the Town of Westlake, its officials, and
residents in a counterclaim in the Hillwood lawsuit and the Board believes that it is in the
public interest of the Town of Westlake and its officers and residents to engage said firm
to file and prosecute such counterclaim; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That the law firm of Goins, Underkofler, Crawford & Langdon,
L.L.P. is hereby engaged and authorized to file a counterclaim on behalf of the Town of
Westlake, Mayor Scott Bradley, Aldermen Charla Bradshaw, Fred Held and Abe Bush,
Town Attorney Paul Isham, and Planning and Zoning Commissioner Donald Redding,
against the Plaintiffs and Third -Party Defendants in Cause No. 97-05760-L now pending
in the 193'd Judicial District Court of Dallas County, Texas pursuant to the terms outlined
in the letter dated August 29, 1997 from Goins, Underkofler, Crawford & Langdon,
L.L.P. to Scott Bradley, Mayor of the Town of Westlake.
SECTION 2: That the letter referenced in Section 1 above shall not be considered
a public record during the pendency of the Hillwood litigation, but is a confidential
communication between the Town of Westlake and its attorney and is subject to the
attorney-client privilege.
SECTION 3: That this resolution shall become effective upon its adoption and
passage.
PASSED AND APPROVED THIS 15"' DAY OF SEPTEMBER, 1997.
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Paul C. Is am, Town Attorney