Primary Department: County Attorney
Primary Department Head/Elected Official: Jonathan G. C. Fombonne, County Attorney
Secondary Department: N/A
Secondary Department Head/Elected Official: N/A
Regular or Supplemental RCA: Supplemental RCA
Type of Request: Financial Authorization
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A
MWBE Contracted Goal (if applicable): N/A
MWBE Current Participation (if applicable): N/A
Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
Grant Indirect Costs Rate (if applicable): N/A
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
title
Request by the County Attorney for approval of an Order Authorizing Settlement in connection with Harris County Flood Control District v. New Faith Church of Houston; Cause No. 1255456; In the County Civil Court at Law No. 3; CAO File No. 25EMD0038.
end
Background and Discussion:
The above is an eminent domain matter that was filed on behalf of the Flood Control District. After the petition was filed and prior to a special commissioners hearing was held, the Flood Control District advised that they did not wish to move forward with the condemnation. As required by the Texas Property Code section 21.019(b), the property owner is entitled to an allowance for attorney’s fees incurred when a condemnation is dismissed. In this matter the landowners were represented by attorneys with the law firm of McFarland PLLC. Based on discussions with the firm, attorney’s fees incurred by the property owner totaled $4,125.00.
The Engineering Department Real Property Division and Flood Control District were involved in the resolution of this matter and concurred with the dismissal of the matter and the payment of attorney’s fees as required by statute.
An order authorizing the settlement of the attorney’s fees is attached for use by the Court if it decides it would be in the best interest of the County to settle this claim.
Expected Impact: N/A
Alternative Options: N/A
County Strategic Plan Goal: N/A
County Strategic Plan Objective: N/A
Justice/Safety Initiative (Goal 1): N/A
Infrastructure Initiative (Goal 2): N/A
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): N/A
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan:
Prior Court Action (if any):
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Fiscal and Personnel Summary |
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Real Estate |
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Personnel (Fill out section only if requesting new Position Control Numbers (PCN)s) |
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County Attorney’s Office Legal Review (for Harris County Code Items only) |
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CAO Reviewer Name and Title |
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CAO Review Completion Date |
Click or tap to enter a date. |
Anticipated Court Date: 2/12/2026
Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.
Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item
Contact(s) name, title, department: Tuan Nguyen, Senior Assistant County Attorney, County Attorney’s Office; Kelsey Bowdoin, Administrative Supervisor, County Attorney’s Office
Attachments (if applicable): Order