Poole v. West Hardin County Consolidated Independent School District

385 S.W.3d 52, 2011 WL 846188, 2011 Tex. App. LEXIS 1732
CourtCourt of Appeals of Texas
DecidedMarch 10, 2011
DocketNo. 09-10-00222-CV
StatusPublished
Cited by6 cases

This text of 385 S.W.3d 52 (Poole v. West Hardin County Consolidated Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poole v. West Hardin County Consolidated Independent School District, 385 S.W.3d 52, 2011 WL 846188, 2011 Tex. App. LEXIS 1732 (Tex. Ct. App. 2011).

Opinion

MEMORANDUM OPINION

STEVE MCKEITHEN, Chief Justice.

Wallace Maury Poole d/b/a L & B Production (“Poole”) sued West Hardin County Consolidated Independent School District (“West Hardin”) for violations of Article I, sections 17 and 19 of the Texas Constitution. See Tex. Const, art. I, §§ 17, 19. The trial court granted West Hardin’s plea to the jurisdiction and ordered that Poole take nothing by his lawsuit. On appeal, Poole challenges the trial court’s ruling on West Hardin’s plea to the jurisdiction and the trial court’s failure to file findings of fact and conclusions of law. We affirm the trial court’s judgment in part and reverse and remand in part.

Background

In his affidavit, Poole explained the facts preceding his lawsuit against West Hardin. According to his affidavit, Poole purchased the Hooks Sterling lease in 1996. L & B became the lease operator and working interest owner. In 2002, West Hardin’s attorney contacted Poole regarding a claim for delinquent taxes. When Poole disputed the claim, West Hardin sued Poole. Poole alleged that he presented evidence that no taxes were owed. West Hardin’s attorney allegedly promised to dismiss the lawsuit. Nevertheless, in 2004, West Hardin obtained an in rem judgment against Poole.

In 2005, West Hardin foreclosed on its tax lien. Around this time, the Railroad Commission instructed Poole to plug a well on the lease. Poole learned that West Hardin was the new non-operator, working-interest owner and was attempting to sell the interest to a third party. West Hardin’s attorney allegedly threatened Poole with criminal prosecution and a civil lawsuit, should he re-enter the lease, and accused him of destroying property and stealing equipment. West Hardin did not remove Poole as the lease operator.

The Railroad Commission ordered Poole to plug a well on the lease. Poole asked West Hardin to vacate the in rem judgment and return the lease to L & B. Poole refused to repurchase the lease working interest from West Hardin. Because of West Hardin’s alleged conduct and threats, Poole declined to plug the well. The Railroad Commission plugged the well and the Texas Attorney General sued Poole to re[56]*56cover expenses. Poole resolved the lawsuit, but allegedly remained liable for well-plugging and clean-up costs.

Poole subsequently sued West Hardin for violations of the takings and due course of law clauses of the Texas Constitution. Tex. Const, art. I, §§ 17, 19.1 Poole alleged that, in violation of the takings clause, West Hardin wrongfully and intentionally:

(i) sought to recover back taxes on the Lease ... that ... were not due, (ii) prosecuted the tax collection suit and secured a judgment after directly representing ... that the suit would be dismissed, (iii) filed a tax lien on the Lease, (iv) foreclosed on the lien, (v) purchased the Lease at the tax lien foreclosure sale while simultaneously engaging in negotiations with a third party to purchase the Lease for a substantial profit, (vi) bullied Poole with bogus criminal accusations, (vii) threatened Poole with criminal prosecution and/or a civil lawsuit if he returned to the Lease, and (viii) strong armed Poole into paying the bogus back taxes after [West Hardin’s] third party deal fell through[;]
... refused to resolve this situation and/or replace Poole as Lease operator — thereby playing Poole against the [Railroad] Commission and causing Poole to pay excessive well plugging costs and Lease clean-up costs, all (or a substantial portion of which) were the liability of [West Hardin;]....
... inflicted substantial economic harm on Poole, took his property interest in the Lease, denied Poole all economically viable uses of the Lease and/or unreasonably interfered with Poole’s rights to use and enjoy the Lease.

Poole alleged, in the alternative, that West Hardin “knew that the above harms were substantially certain to result from its wrongful and intentional actions.” He alleged that West Hardin’s actions, committed without his consent and without adequate compensation, were committed for public use and “proximately and/or directly” caused him to suffer substantial economic harm and the taking of his property.

Poole made similar allegations regarding violations of the due course of law clause. Tex. Const, art. I, § 19.

Poole sought fair compensation for the alleged taking, reimbursement for the well-plugging and clean-up costs, attorney’s fees, and expenses.

Findings of Fact and Conclusions of Law

In issue two, Poole contends that he was harmed by the trial court’s failure to file findings of fact and conclusions of law.

A party has a right to findings “after a conventional trial on the merits before the court.” IKB Indus. (Nigeria,) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 442 (Tex.1997); see Tex.R. Civ. P. 296, 297. “In other cases, unless they serve no purpose such as when summary judgment is granted, findings of fact and conclusions of law are proper; however, a party cannot compel their preparation.” Haddix v. Am. Zurich Ins. Co., 253 S.W.3d 339, 345 (Tex.App.-Eastland 2008, no pet.). “When, as is the case with an order granting dismissal for lack of jurisdiction, a judgment is rendered as a matter of law, findings and conclusions, while not improper, have no purpose and should not be requested or considered on appeal.” F-Star Socorro, L.P. v. El Paso Cent. Appraisal Dist., 324 S.W.3d 172, 175 (Tex.App.-El Paso 2010, no pet.).

[57]*57Furthermore, “[a] trial court’s failure to make findings is not harmful error if ‘the record before the appellate court affirmatively shows that the complaining party suffered no injury.’ ” Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex.1996) (quoting Cherne Indus. v. Magallanes, 763 S.W.2d 768, 772 (Tex.1989)). “Error is harmful if it prevents an appellant from properly presenting a case to the appellate court.” Id. “In determining harm, the reviewing court considers whether the circumstances of the particular case would force an appellant to guess the reason or reasons that the trial court ruled against it.” Target Corp. v. Advanced Alarm Sys., Inc., No. 09-06-322 CV, 2007 WL 1628101, at *2, 2007 Tex.App. LEXIS 4431, at *6, (Tex.App.-Beaumont June 7, 2007, no pet.) (mem. op.).

In this case, Poole requested findings of fact and conclusions of law and filed a notice of past-due findings. The trial court did not respond. Assuming without deciding that the trial court erroneously failed to file findings of fact and conclusions of law, any error is harmless. A trial court’s ruling on a plea to the jurisdiction is reviewed under a de novo standard. Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex.2004). Under a de novo standard of review, we exercise our “own judgment and redetermine[ ] each issue of fact and law.” Quick v. City of Austin, 7 S.W.3d 109, 116 (Tex.1998). We “aceord[ ] the original tribunal’s decision absolutely no deference.” Id.

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385 S.W.3d 52, 2011 WL 846188, 2011 Tex. App. LEXIS 1732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poole-v-west-hardin-county-consolidated-independent-school-district-texapp-2011.