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.
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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 b...
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