The opinion
DATE 10/23/2015
FILED IN
R
NOTICE OF APPEALS 1st COURT OF APPEALS
ASSIGNMENT OF COURT OF APPEALS HOUSTON, TEXAS
10/23/2015 10:50:39 AM
TO: 1ST COURT OF APPEALS
CHRISTOPHER A. PRINE
Clerk
From: Deputy Clerk: IRMA MEDINA
Chris Daniel, District Clerk
Harris County, T E X A S
CAUSE: 2014-35858
VOLUME PAGE OR IMAGE # 67564010
DUE 11/23/2015 ATTORNEY 24075830
NOTICE OF APPEAL HAS BEEN ASSIGNED TO THE 1ST
DATE ORDER SIGNED: 7/24/2015
MOTION FOR NEW TRIAL FILED: 8/21/2015
REQUEST TRANSCRIPT DATE FILED N/A
NOTICE OF APPEAL DATE FILED 10/22/2015
NUMBER OF DAYS: ( CLERKS RECORD ) 120
FILE ORDERED: YES NO IMAGED FILED: YES NO
CODES FOR NOTICE OF APPEAL: BC, C, OA , Rule 34.5 Original Clerk’s Record Due
11/30/2015
CHRIS DANIEL
Harris County, District Clerk
By: /s/IRMA MEDINA
IRMA MEDINA, Deputy
BC NOTICE OF APPEAL FILED
BG NOTICE OF APPEAL FILED – GOVERNMENT
C JUDGMENT BEING APPEALED
D- ACCELERATED APPEAL
OA NO CLERK’S RECORD REQUEST FILED
O CLERK’S RECORD REQUEST FILED (W/NOTICE OF APPEAL)
NA AMENDED NOTICE OF APPEAL
AP9 R04-30-92 S:\FormsLib\Civil Bureau\Civil Courts & Post Judgment\Post Trial\Appeal Status Card Revised 01-18-2013
10/22/2015 2:30:09 PM
Chris Daniel - District Clerk Harris County
Envelope No. 7498459
By: Joshua Bovell
Filed: 10/22/2015 2:30:09 PM
CAUSE NO. 2014-35858
NATIONAL CHURCH RESIDENCES § IN THE DISTRICT COURT
OF ALIEF, TX §
§
§
V. § 269th JUDICIAL DISTRICT
§
§
HARRIS COUNTY §
APPRAISAL DISTRICT § HARRIS COUNTY, TEXAS
PLAINTIFF’S NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff NATIONAL CHURCH RESIDENCES OF ALIEF, TX (“Plaintiff” or “NCR”)
files this Notice of Appeal and would respectfully show to the Court the following:
BASIS OF NOTICE
On July 24, 2015, this Court entered a final judgment in favor of Defendant, HARRIS
COUNTY APPRAISAL DISTRICT. Plaintiff desires to appeal this judgment in all respects.
This appeal is premised on the following points, pursuant to Texas Rule of Appellate
Procedure 33.1:
1. The trial court erred by granting Defendant’s Motion for Summary Judgment and
denying Plaintiff’s Motion for Summary Judgment because Plaintiff applied for and
qualified as a charitable organization entitled to a property tax exemption for the tax
years 2012 and 2013 under the Texas constitution and subsections (d)(2), (d)(3),
and/or (d)(13) of Section 11.18 of the Texas Property Tax Code.
2. Plaintiff hereby incorporates all arguments in the following pleadings as to why the
trial court erred in entering judgment in favor of Defendant:
{NAT023/00002/1107280.DOCX;1/MLM } -1-
a. its Motion for Summary Judgment filed on May 29, 2015,
b. its Response to Defendant’s Motion for Summary Judgment filed on June 12,
2015,
c. its Reply regarding its Motion for Summary Judgment filed on June 19, 2015,
d. its Brief on the NHH-Canal Street Apartments Decision filed on July 10,
2015,
e. its Response to Defendant’s Brief in Support of its Motion for Summary
Judgment filed on July 17, 2015,
f. its Motion for New Trial filed on August 21, 2015, and
g. its Reply regarding its Motion for New Trial filed on September 25, 2015.
3. Plaintiff filed a Motion for New Trial on August 21, 2015, which was overruled by
operation of law.
Plaintiff appeals to either the First or Fourteenth Court of Appeals.
Respectfully Submitted,
WEYCER KAPLAN PULASKI & ZUBER, P.C.
By:___/s/ Misty Gasiorowski_________________
DONALD T. (“DUKE”) KELLER, JR.
State Bar No. 24000605
dkeller@wkpz.com
MISTY GASIOROWSKI
State Bar No. 24075830
mgasiorowski@wkpz.com
TANYA N. GARRISON
Texas Bar No. 24027180
tgarrison@wkpz.com
Eleven Greenway Plaza, Suite 1400
Houston, Texas 77046
Telephone: (713) 961-9045
Facsimile: (713) 961-5341
ATTORNEYS FOR PLAINTIFF
{NAT023/00002/1107280.DOCX;1/MLM } -2-
CERTIFICATE OF SERVICE
I hereby certify that on this the 22nd day of October, 2015, a true and correct copy of the
foregoing Notice of Appeal was forwarded by electronic service and/or facsimile to the
following counsel of record:
Denis Potvin
Olson & Olson, L.L.P.
Wortham Tower, Ste. 600
2727 Allen Parkway
Houston, Texas 77019
[fax: (713) 533-3888]
____/s/ Misty Gasiorowski____
MISTY GASIOROWSKI
{NAT023/00002/1107280.DOCX;1/MLM } -3-
Filed15July27P2:12
ChrisDaniel-DistrictClerk
HarrisCounty
Pgs-2
MPSJY
7
8/21/2015 4:07:33 PM
Chris Daniel - District Clerk Harris County
Envelope No. 6607433
By: GAYLE FULLER
Filed: 8/21/2015 4:07:33 PM
CAUSE NO. 2014-35858
NATIONAL CHURCH RESIDENCES § IN THE DISTRICT COURT
OF ALIEF, TX §
§
§
V. § 269th JUDICIAL DISTRICT
§
§
HARRIS COUNTY §
APPRAISAL DISTRICT § HARRIS COUNTY, TEXAS
PLAINTIFF'S MOTION FOR NEW TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff NATIONAL CHURCH RESIDENCES OF ALIEF, TX ("Plaintiff or "NCR")
asks the Court to grant a new trial in the interest of justice and fairness, and shows as follows:
Motion for New Trial - Generally
1. This lawsuit was brought by NCR against Defendant Harris County Appraisal
District ("Defendant" or "HCAD"), appealing the denial of tax exempt status for tax years 2012
and 2013 pursuant to Section 11.18 of the Texas Property Tax Code of the property identified by
HCAD account number 114-775-000-0028.
2. This Court granted HCAD's Motion for Summary Judgment by signed order on
July 24, 2015 (the "Order").
3. The Order should be vacated and a new trial granted because NCR established as
a matter of law that it qualifies for an exemption as a charitable organization Section 11.18 of the
Tax Code. In support thereof, NCR incorporates by reference herein as if set out in full all
arguments and authority referenced within, and all evidence attached to and/or incorporated into,
Plaintiffs Motion for Summary Judgment filed on May 29, 2015, Plaintiffs Response to
Defendant's Motion for Summary Judgment filed on June 12, 2015, Plaintiffs Reply Regarding
{NAT023/00002/1051714.DOCX; 1 /MLM }
its Motion for Summary Judgment filed on June 19, 2015, Plaintiffs Brief on the NHH-Canal
Street Apartments Decision filed on July 10, 2015, and Plaintiffs Response to Defendant's Brief
in Support of its Motion for Summary Judgment filed on July 17, 2015.
Specific Reasons that the Court Should Grant a New Trial
4. Plaintiff also asks the Court to vacate the Order and grant it a new trial for the
following specific reasons, some of which may have been previously argued and Plaintiff desires
to clarify and/or expand upon:
A. Plaintiff Established it is Entitled to a Tax Exemption Under Section 11.18(d)(2) of
the Tax Code because it Provides Support to the Impoverished.
5. The Order should be vacated and a new trial granted because (1) the summary
judgment evidence established as a matter of law that: (a) NCR applied for a tax exemption for
charitable organizations under, in relevant part, Section 11.18(d)(2), and (b) NCR provides
support to the impoverished as required by Section 11.18(d)(2); (2) Defendant moved for
summary judgment pursuant to, in relevant part, the alleged "without regard to the beneficiaries'
ability to pay" element of Section 11.18(d)(2), and (3) the NHH-Canal Street Apartments Court
held that establishing "without regard to the beneficiaries' ability to pay" is not an element of
Section 11.18(d)(2) as it pertains to the provision of support to the impoverished.
6. NCR applied for an exemption under Section 11.18(d)(2) (among other
subsections). In Harvest Life Found, v. Harris Co. Appraisal Dist., No. 14-11-01038-CV (Tex.
App.—Houston [14th Dist.] 2013, no pet.) (mem. op.), a property owner complained that the
trial court erred by concluding it was not entitled to an exemption under Section 11.18.
Ultimately, the Court held the supplemental evidence (i.e., the completed exemption applications
for the relevant tax years) "was decisive because it proved that [the property owner] applied only
for the subsection (d)(12) exemption" and the owner failed to prove it satisfied that exemption.
{NAT023/00002/I05!714DOCX,I/MLM ) o
While examining the exemption applications, the Court noted that the first three (3) pages of the
applications "generally inquire about the organization" and are "intended to inquire whether the
applicant qualifies in the first place as a charitable organization." Noting that the first three (3)
pages cannot be considered in isolation to determine the exemptions for which the applicant
applied, the Court then examined the schedules attached to the applications and, specifically, the
applicant's response to the category instructing it to "Describe the primary use of this property."
Even though the applicant had checked "multiple functions, including the function corresponding
with subsection (d)(12)" on the first three (3) pages of its applications, the Court held that the
applicant had "applied for exemptions under only subsection (d)(12)" based upon its description
of the primary use of the property in Schedule A to the applications. In other words, it is the
applicant's description of the primary use of the property in Schedule A of the application - and
not the information provided or specific box(es) checked on the first few pages of the application
- that determine which exemptions the applicant had applied for.
7. When asked to reapply for its tax exemption in 2012, NCR submitted an
"Application for Charitable Organization Property Tax Exemption for 2012." In Schedule A to
the application, NCR described the use of the property as "to provide housing for low income
elderly...."1 Such a use correlates to the charitable functions described in subsections (d)(2)
(support to "the impoverished"), (d)(3) (support to elderly persons), and (d)(13) (permanent
housing and related facilities for person age 62 and older) of Section 11.18. As such, following
the precedent of Harvest Life Foundation v. Harris County Appraisal District, NCR established
that it applied for an exemption under subsections (d)(2), (d)(3), and (d)(13) of Section 11.18.2
1
See Exhibit 1 to Plaintiffs Motion, at NATS0008.
2
See Harvest Life Found, v. Harris Co. Appraisal Dist., No. 14-11-01038-CV (Tex. App.—Houston
[14th Dist.] 2013, no pet.) (mem. op.).
{NAT023/00002/I051714 DOCXJ/MLM
8. Plaintiff provides support to the impoverished. The summary judgment evidence
established that NCR provides support to the impoverished.3
9. HCAD specifically moved for summary judfiment pursuant to the alleged
"without regard to the beneficiaries' ability to pay" element of Section U.18(d)(2). On May 22,
2015, HCAD moved for summary judgment. In its "Summary of the Argument," HCAD argued
"Section 11.18(d)(2) of the Texas Property Tax Code... [only] applies when housing is provided
'without regard to the beneficiaries' ability to pay'...[and] the evidence conclusively negates this
element of Plaintiffs claim."4 HCAD then quoted Sections 11.18(d)(2) and (d)(3) of the Tax
Code in its argument that "Plaintiffs own document and procedures conclusively negate an
element of Plaintiffs claim."5 Finally, Defendant concluded by arguing the evidence "negates
the requirement that housing be provided 'without regard to the beneficiaries' ability to pay.' See
Tax Code § 11.18(d)(2)."6
10. "Without regard to the beneficiaries' ability to pay" is not an element of Section
11.18(d)(2) as it pertains to the provision of support to the impoverished. On June 30, 2015, the
Fourteenth Court of Appeals issued its decision in NHH-Canal Street Apartments, Inc. v. Harris
County Appraisal District, No. 14-14-00251-CV (Tex. App.—Houston [14th Dist.J June 30,
3
See Exhibit "1(E)" to Plaintiffs Motion, at NAT200061 (financial statement noting that Plaintiff was
incorporated "for the purpose of operating a 62-unit apartment complex... for low-rent housing,
particularly for the elderly or the infirm."); Exhibit "2(A)" to Plaintiffs Motion, at NATS00099
(Plaintiffs Application for Housing, stating "[qualified applicants must meet the income limits for the
following county/region: Harris County" and then listing income limits of $13,900 - $26,500 dependent
upon the family size); Exhibit "2(B)" to Plaintiffs Motion, at NATS00107 (Plaintiffs Tenant Selection
Plan, stating in bold that "Applicants must meet the Very-Low (50%) or Extremely-Low income (30%)
limits for the current fiscal year" and referencing the income limits described in the Application for
Housing); Exhibit "4" to Plaintiffs Response to Defendant's Motion for Summary Judgment (Affidavit
of Steve Bodkin stating that NCR determines the rental rate of its tenants in accordance with Section 202
and Section 8, and that the rent charged is the highest of 30% of the person's adjusted monthly income,
10% of the person's monthly income, or the portion of a person's welfare payments designated for his or
her housing costs, if any).
4
See Defendant's Motion for Summary Judgment, filed with this Court on May 22, 2015, at "|5.
5
See id. at %6.
6
See id at Tf 10.
{NAT023/00002/!05]714.DOCX;1/MLM
2015, no pet. h.) (slip op.). The NHH-Canal Street Apartments Court held, in relevant part, that
the phrase "without regard to the beneficiaries' ability to pay" only modified the term "victims of
natural disaster" and not "the impoverished" in Section 11.18(d)(2) and, as such, NHH-Canal
Street was not required to prove that it provided services to the impoverished without regard to
their ability to pay to qualify for the exemption under Section 11.18(d)(2).7
11. As detailed in Plaintiffs Brief on the NHH-Canal Street Apartments Decision,
NCR and NHH-Canal Street are similarly situated. There is therefore no logical reason for the
conclusion that NHH-Canal Street qualifies as a charitable organization entitled to a property tax
exemption under Section 11.18, but NCR does not.
12. Because NCR has established it is entitled to an exemption under Section
11.18(d)(2) of the Tax Code by providing support to the impoverished, the Order should be
vacated and a new trial granted.
B. The Order is Based Upon Inconsistent and Conflicting Arguments of Defendant.
13. The Order should be vacated and a new trial granted because the Court's signing
of said Order is based upon inconsistent and conflicting arguments of HCAD. To overcome the
holding of NHH-Canal Street Apartments, HCAD argued that "Plaintiffs application for
charitable exemption was confined to Section 11.18(d)(13)" and that "[w]hether Plaintiff is
entitled to an exemption under Section 11.18(d)(2) is not an issue that has been properly
perfected for appeal to this Court."8 Yet, as detailed above, HCAD specifically moved for (and
the Court granted) summary judgment based upon HCAD's argument that NCR's own
documents and procedures conclusively negate an element of Sections 11.18(d)(2) and
7
See NHH-Canal Street Apartments, Inc. v, Harris Co. Appraisal Dist., No. 14-14-00251-CV, at * 11-12
(Tex. App— Houston [14th Dist.] June 30, 2015, no pet. h.) (slip op.).
8
See Defendant's Response to Plaintiffs Brief on the NHH-Canal Street Apartments Decision, filed with
this Court on July 17,2015.
{NAT023/00002/105I7!4.DOCX;!/MLM
11.18(d)(3). There is no mention of Section 11.18(d)(13) in Defendant's Motion for Summary
Judgment. The Court should not allow HCAD to use NCR's exemption application as a double-
edged sword - to argue both that NCR did not apply for an exemption under Section 11.18(d)(2)
or 11.18(d)(3) and, at the same time, to argue that it is entitled to summary judgment based upon
Sections 11.18(d)(2) and 11.18(d)(3).
C. Defendant's Interpretation of the "Without Regard to... Ability to Pay" Element of
Sections 11.18(d)(3) and 11.18(d)(13) of the Tax Code is Illogical.
14. HCAD has misinterpreted the phrase "without regard to... ability to pay," as
discussed and argued by NCR in the motions, responses, replies, and briefs previously
incorporated herein. In further support, NCR directs the Court to the text of Section 11.18(d).
Section 11.18(d) provides that "[a] charitable organization must be organized exclusively to
perform religious, charitable, scientific, literary, or educational purposes and... engage
exclusively in performing one or more of the following charitable functions." Il then lists twenty-
four (24) charitable functions. Of those functions, only the following five (5) require that the
organization provide the functions "without regard to... ability to pay":
• "providing medical care without regard to... ability to pay, which in the case of a
nonprofit hospital means providing charity care and community benefits in accordance
with Section 11.1801 "(11.18(d)(l));
• "providing support or relief to... victims of natural disaster without regard to... ability
topay"(11.18(d)(2));
• "providing support without regard to... ability to pay to: (A) elderly persons...; and (B)
the handicapped..." (11.18(d)(3));
• "providing permanent housing and related...facilities for persons who are 62 years of
age or older without regard to the residents' ability to pay") (11.18(d)(13)); and
• "providing housing and related services to persons... in a retirement community, if the
retirement community provides... services... (A) without regard to... ability to pay; or
(B) in which at least four percent of the retirement community's combined net resident
revenue is provided in charitable care to its residents" (1 l,18(d)(19)).
{NAT023/00002/1051714DOCX;I/MLM } f.
15. Of the charitable functions listed in Section 11.18(d), the following functions are
NOT required to be provided by the organization "without regard to... ability to pay":
• "providing support or relief to orphans, delinquent, dependent, or handicapped
children in need of residential care, abused or battered spouses or children in need
of temporary shelter, the impoverished..." (11.18(d)(2));
• "preserving a historical landmark or site" (11.18(d)(4));
• "promoting or operating a museum, zoo, library, theater..,, or symphony..."
(11.18(d)(5));
• "promoting or providing humane treatment of animals" (11.18(d)(6));
• "acquiring, storing, transporting, selling or distributing water for public use"
(11.18(d)(7));
• "answering fire alarms and extinguishing fires with no compensation or only nominal
compensation to the members of the organization" (11.18(d)(8));
• "promoting the athletic development of boys or girls under the age of 18 years"
(11.18(d)(9));
• "preserving or conserving wildlife" (11.18(d)(l 0));
• "promoting educational development through loans or scholarships to students"
(11.18(d)(ll));
• "providing halfway house services..." (11.18(d)(12));
• "promoting or operating an art gallery, museum, or collection... that is open to the
public" (11.18(d)( 14));
• "providing for the organized solicitation and collection for distributions through gifts,
grants, and agreements to nonprofit charitable, education, religious, and youth
organizations that provide direct human, health, and welfare services" (11.18(d)(15));
• "performing biomedical or scientific research... for the benefit of the public"
(11.18(d)(16));
• "operating a television station that produces or broadcasts educational, cultural, or other
public interest programming..." (11.18(d)(17));
• "providing housing for low-income and moderate-income families, for unmarried
individuals 62 years of age or older, for handicapped individuals, and for families
{NAT023/00002/1051714. DOCX; I /MLM }
displaced by urban renewal, through the use of trust assets that are irrevocably and...
contractually dedicated on the sale of disposition of the housing to a charitable
organization..." (11.18(d)( 18));
• "providing housing on a cooperative basis to students... if..." (11.18(d)(20));
• "acquiring, holding, and transferring unimproved real property under an urban land bank
demonstration program established under Chapter 379C..." (11.18(d)(21));
• "acquiring, holding, and transferring unimproved real property under an urban land bank
program established under Chapter 379E..." (11.18(d)(22));
• "providing housing and related services to individuals who: (A) are unaccompanied and
homeless and have a disability condition; and (B) have been continuously homeless for
a year or more or have had at least four episodes of homelessness in the preceding three
years" (11.18(d)(23)); and
• "operating a radio station that broadcasts educational, cultural, or other public interest
programming... and that in the preceding five years has received or been selected to
receive one or more grants from the Corporation for Public Broadcasting..."
(11.18(d)(24)).
16. As interpreted by NCR, the placement of the phrase "without regard to... ability
to pay" within Section 11.18(d) is consistent with established case law in Texas that charitable
organizations entitled to tax exemptions must benefit the public as a whole by assuming services
that might otherwise become obligations of the public.9 The phrase is not included in the
subsections of Section 11.18(d) that are inherently beneficial to the public and of which would
otherwise become obligations of the community or State of Texas (i.e., services to orphans,
handicapped children in need of residential care, battered persons in need of temporary shelter.
9
See North Alamo Water Supply Corp. v. Willacy Co. Appraisal Dist., 804 S.W.2d 894, 899 (Tex, 1991)
(stating as a condition of qualification as a "purely public charity" under the Texas Constitution that "the
total operation of the chanty must affect all the people of a community or state by assuming, to a
material extent, services that otherwise might become the obligations of the community or state.")
(emphasis added); City ofMcAllen v. Evangelical Lutheran Good Samaritan Soc'y, 530 S.W.2d 806, 808
(Tex. 1975) ("The ultimate consideration, then, should be based upon an evaluation of the total operation
of the institution engaged in humanitarian activities whose services are rendered at cost or less and
which are maintained to care for the physical and mental well-being of the recipients. By that total
operation the institution must assume, to a material extent, that which otherwise might become the
obligation or duty of the community or the state.") (emphasis added). See also Plaintiffs Motion for
Summary Judgment, at % 27, 29-38.
i NAT023/00002/1051714 DOCX, I /M LM
children or students, impoverished persons, and disabled homeless persons; protection of the
animals and wildlife; performance and/or providing of scientific research, literacy, or education
for the public), On the other hand, the "without regard to... ability to pay" phrase is included
with respect to organizations that serve victims of natural disaster, elderly persons, handicapped
persons, persons aged 62 years of age and older, and persons in retirement communities. This is
because the providing of services to these specific categories of persons only benefit the public if
the persons served are low-income (i.e., do not have the ability to pay for the services).
Otherwise, these specific categories of low-income persons would become burdens of the
community or State. The "without regard to... ability to pay" phrase, if interpreted as argued by
NCR to mean "low-income," prevents organizations that serve wealthy victims of natural
disaster, elderly or handicapped persons, or that operate luxury retirement homes, from
qualifying as charitable organizations under Section 11.18 of the Tax Code.
17. HCAD's argument that the phrase "without regard to... ability to pay" prohibits
an organization such as NCR from considering a beneficiaries' ability to pay for services during
its application process, or from requiring its residents to pay some portion of rent and/or a
deposit to receive permanent housing and free services, is illogical. According to HCAD's
interpretation, organizations such as NCR are not entitled to a tax exemption as a charitable
organization that provides permanent housing and associated educational, financial, social, and
legal services to low-income elderly persons unless it provides the housing and services without
inquiring as to the person's income level and without requiring that the person pay even $1.00
towards the housing and/or services. On the other hand, organizations are entitled to a tax
exemption as charitable organizations even though they inquire as to beneficiaries' income levels
and/or require the beneficiaries to pay (an infinite amount) for housing and/or services so long as
{NAT023/00002/105I714.DOCX.1/MLM }
the housing and/or services are provided to disabled homeless persons ((d)(23)), students
((d)(20)), persons residing at halfway houses ((d)(12)), orphans, delinquent, dependent, or
handicapped children in need of residential care ((d)(2)), abused or battered spouses or children
in need of temporary shelter ((d)(2)), the impoverished ((d)(2)), or the organization performs
other functions listed in Paragraph 13, above. Interpreting the phrase "without regard to... ability
to pay" to mean "low-income," as NCR suggests, is the only sensible interpretation.
18. The effect of the Court's Order is that HCAD can deny tax exemptions to
organizations that charge a $50 security deposit and $8 per month to low-income elderly persons
for permanent housing (11.18(d)(3)), but is required to allow exemptions for organizations that
charge $700 per month to unaccompanied, homeless, disabled persons for housing
(11.18(d)(23)). Surely that is not what the Legislature intended.
D. Conclusion
19. For these reasons, as well as those identified in Plaintiffs Motion for Summary
Judgment, Response to Defendant's Motion for Summary Judgment, Reply Regarding its Motion
for Summary Judgment, Brief on the NHH-Canal Street Apartments Decision, and Response to
Defendant's Brief in Support of its Motion for Summary Judgment, Plaintiff asks the Court to
vacate its Order dated July 21, 2015 and, in the interest of justice, grant a new trial on the
allegations raised herein.
PRAYER
WHEREFORE, PRPEMISES CONSIDERED, Plaintiff asks the Court to vacate its
Order dated July 21, 2015 and, in the interest of justice, grant a new trial on the allegations raised
herein.
(NAT()23/00002/I05I7I4DOCX:I/MLM ) ]Q
Respectfully Submitted,
WEYCER KAPLAN PULASKI & ZUBER, P.C.
By: IslTKiafy <%<Mio>uw4&i
DONALD T. ("DUKE") KELLER, JR.
State Bar No. 24000605
dkeller@wkpz.com
MISTY GASIOROWSKI
State Bar No. 24075830
mgasiorowski@wkpz.com
Eleven Greenway Plaza, Suite 1400
Houston, Texas 77046
Telephone: (713) 961-9045
Facsimile: (713)961-5341
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on this the 21st day of 4 * ^ / 0 1 5 , a true and correct copy of the
foregoing Motion was forwarded by electronic service and/or facsimile to the following counsel
of record:
Denis Potvin
Olson & Olson, L.L.P.
Wortham Tower, Ste. 600
2727 Allen Parkway
Houston, Texas 77019
[fax:(713)533-3888]
MISTY GASIOROWSKI
{N AT023/00002/1051714 DOCX, I /M LM ) ]J
JU2FN (NSD#) JUSTICE INFORMATION MANAGEMENT SYSTEM OCT 23, 2015(C1)
INT6510 CIVIL CASE INTAKE OPT: _____ - INT
GENERAL PARTY INQUIRY PAGE: 1 - 1
CASE NUM: 201435858__ PJN> __ TRANS NUM: _________ CURRENT COURT: 269 PUB? _
CASE TYPE: APPEAL APPRAISAL BOARD CASE STATUS: DISPOSED (FINAL)
STYLE: NATIONAL CHURCH RESIDENCES OF ALI VS HARRIS COUNTY APPRAISAL DISTRICT
=============================================================================
**** INACTIVE PARTIES ****
PJN PER/CONN COC BAR PERSON NAME PTY ASSOC. ATTY
NUM NUMBER STAT
_ 00003-0001 AGT HARRIS COUNTY APPRAISAL DISTRI
_ 00002-0001 DEF 24074909 HARRIS COUNTY APPRAISAL DISTRI POTVIN, DENIS
_ 00002-0001 PAD 24051136 OLSON, DAVID WILLIAM
_ 00001-0001 PLT 24075830 NATIONAL CHURCH RESIDENCES OF GASIOROWSKI,
==> (4) CONNECTION(S) FOUND
1=ACTIVE 2=ATY. INQ. 3=ACT.ENTRY 4=ISS. SERV. 5=DOC. INQ.
6=CASE INQ. 7=BACKWARD 8=FORWARD 9=PTY. ADDR. 10=REFRESH 11=HELP