Wednesday, October 25, 2017


 IS THERE A CONTINUING TORT OF FRAUD AGAINST THE GALONSKY  & LIZKA CLAN WHICH WILL ALLOW THE CITY TO GET THE MONEY BACK ON THE CASA DEL NYLON SALE?

"While, under the basic accrual theory, a cause of action accrues when a wrongful act causes some legal injury, an exception to this general rule exists for continuing torts. First General Realty Corp. v. Maryland Casualty Co., 981 S.W.2d 495, 501 (Tex. App. ­ Austin 1998, pet. denied); Adler v. Beverly Hills Hospital, 594 S.W.2d 153, 154 (Tex. Civ. App. ­ Dallas 1980, no writ). A continuing tort involves wrongful conduct inflicted over a period of time that is repeated until desisted, and each day creates a separate cause of action. Two Pesos, Inc. v. Gulf Insurance Co., 901 S.W.2d 495, 500 (Tex. App. ­ Houston [14th Dist.] 1995, no writ); Arquette v. Hancock, 656 S.W.2d 627, 629 (Tex. App. ­ San Antonio 1983, writ ref'd n.r.e.). Limitations begins to accrue when the defendant's tortious conduct ceases. Tectonic Realty Investment Co. v. CNA Lloyd's of Texas Insurance Co., 812 S.W.2d 647, 654 (Tex. App. ­ Dallas 1991, writ denied)." 

CONTINUING TORT

This is simple.  On day one of the initial tort limitations begins to run, unless in certain cases the same tortfeasor commits further fraud against the same person, which then becomes a continuing tort.  Limitations then begins from the date of the last action in fraud and not the first.

Two city commissioners need to put on the agenda the hiring of independent counsel who specializes in tort and can demonstrate knowledge of a continuing tort to review the facts to see if the city in fact has a lawsuit against G & L Co Partnership for a continuing tort in fraud.

The first is obviously the Casa del Nylon.  The BV broke that story because a city commissioner called me and asked if it was proper for Galonsky to be in Executive Session during discussion on the purchase of the Casa Del Nyon.  The BV has many times in the case of Mark Cuban demonstrated the vote by the Dallas City Commission was void by a federal judge for this action..

Reports claim that the city paid about $2.3 million for the building which the which CCAD appraises at less than $700,000.



The Deed History shows the following:

#Deed DateTypeDescriptionGrantorGranteeVolumePageDeed Number
18/31/2012 12:00:00 AMSWDSPECIAL WARRANTY DEED
G & L CO
CITY OF BROWNSVILLE
1879061201235099
24/2/2004 12:00:00 AMGENGENERAL WARRANTY DEED
GALONSKY, ABRAHAM
G & L CO
31/1/2000 12:00:00 AMUNKUNKNOWN
GALONSKY, ABRAHAM
You will notice the same G & L Co which may have helped Ben Neece to mislead the city as to his residence so he could run for district 4.  So now you have the same two parties twice with possible fraud.  This is how you get to a continuing tort.

Anyone can go to the Cameron County Appraisal District and run the owner as City of Brownsville.  It shows up on page two.  If you type in  the address there is no information.  Then Ben Neece manipulates the appointment of Nurith Galonsky to the GBIC without telling the commission of his business dealings with the Galonskys. 

The question is, will two city commissioners put the issue on the agenda to force a public discussion of the issue and hopefully the hiring of an attorney to sue G & L.  If the attorney believes in the case he/he will take it on a percentage because it could easily turn into a $5 million judgment.

The city needs the money.  Do we have two city commissioners willing to fight for the people's money.

BEN NEECES 2017 TAXES ON HIS HOMESTEAD OUTSIDE BROWNSVILLE CITY LIMITS


NEECE HAD AT LEAST ONE YEAR POSSIBLY TWO IF THE 2016 DATE ON HIS APPLICATION IS CORRECT TO INFORM CCAD OF HIS CHANGE OF PERMANENT RESIDENCE BUT HE HAS NOT.  WHY?

The answer is not complex.  The city and Saenz will run cover Neece.  The people truly want change and justice, but we have no law enforcement.  The people need a major protest in front of the FBI building demanding a special agent in charge with a team to oversee all law enforcement in Cameron County including DPS to receive and forward all criminal complaints to the correct state agency.  Only with this will the law be enforced.  We do not demand corruption.  We just have no law enforcement to enforce the  law.  Tomorrow, how the BPD continues to run cover for in a DWI case.  More documents to provet the claim.  They are blocking a grand jury referral, by saying the evidence does not exist. when DPS has told us they gave it to the BPD and we need to get it from them.

WE THE PEOPLE ARE BROWNSVILLE. WE EITHER STAND AND FIGHT OR ALLOW THE ABUSE OF THE PEOPLE TO CONTINUE.  LET'S SEE IF TWO CITY COMMISSIONERS WILL PUT THE ISSUE ON THE TABLE

TOMORROW  THE V3 VOTER REGISTRATION LIST WHICH WAS PART OF MIKE HERNANDEZ'S OP1033 PROJECT.  I HAVE THE LISTS OF THE VOTERS THEY REGISTERED

1 comment:

Anonymous said...

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS website:
https://comptroller.texas.gov/taxes/property-tax/exemptions/residence-faq.php

Do all homes qualify for homestead exemptions?
No, only a homeowner's principal residence qualifies. To qualify, a home must meet the definition of a residence homestead: The home's owner must be an individual (for example: not a corporation or other business entity) and use the home as his or her principal residence on January 1 of the tax year.