E-Served via EFile.TXCourts.gov on
10/29/2018 2:45 PM
CAUSE NO. 18-6796-393
JOHN T. THORNGREN,
IN THE DISTRICT COURT OF
Plaintiff,
V.
DENTON COUNTY, TEXAS
DENTON COUNTY APPRAISAL
DISTRICT,
Defendant.
393RD JUDICIAL DISTRICT
DEFENDANT'S RESPONSES TO PLAINTIFF'S REQUEST FOR DISCLOSURE
TO:
Plaintiff John T. Thorngren, pro se ("Plaintiff"); P. 0. Box 718, Lake Dallas, Texas
75076; TEXANDcorp@Charter.net.
Defendant Denton Central Appraisal District
(hereinafter "Defendant" or
"DentonCAD") hereby submits its Responses to Plaintiff's Request for Disclosure:
A. Rule 194.2(a), the correct names of the parties to the lawsuit:
RESPONSE:
Although Plaintiffs Original Petition incorrectly named "Denton
County Appraisal District" as a defendant, Plaintiff's First Amended Petition now
correctly names of the party in question.
B. Rule 194.2(b), the name, address and telephone number of any potential parties:
RESPONSE:
None.
C. Rule
194.2
(c), the legal theories and, in general, the factual bases of the
responding party's claims or defenses:
RESPONSE:
Plaintiff's First Amended Petition fails to specify any basis for this
Court's jurisdiction and fails to specify any legal basis for the requested relief. Defendant
specifically denies that Plaintiff is entitled to a reduction of the value of the subject
property or otherwise, a judgment that the subject property's appraised value is excessive
or unequal, a judgment fixing the appraised value of the subject property in accordance
with the requirements of law, a judgment ensuring equal treatment under the law or any
other judgment necessary to preserve rights or protect duties required by law and
anticipates that Plaintiff will not be able to meet his burden of proof at trial. Defendant
further specifically denies that Plaintiff is entitled to any other form of relief.
The factual bases for Denton CAD's claims and defenses, in part, can be derived or
ascertained from Denton CAD's records which have been or will be produced and/or
DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR DISCLOSURE
PAGE 1
made available for inspection and photocopying at the offices of Denton CAD during
ordinary business hours at a reasonable time and after reasonable notice to counsel for
Defendant or as otherwise agreed to by the parties or as ordered by the Court. Denton
CAD's claims and defenses may also be based upon information and materials gathered
during discovery and information and materials obtained as a result of the investigation
and preparation of this case for a trial de novo.
Defendant further reserves the right to amend or supplement this response in accordance
with the Texas Rules of Civil Procedure.
D. Rule 194.2(d), the amount and any method of calculating economic damages:
RESPONSE:
There are no economic damages.
E. Rule
194.2
(e), the name, address, and telephone number of persons having
knowledge of relevant facts, and a brief statement of each identified person's
connection with the case:
RESPONSE:
Denton Central Appraisal District employees, George Clerihew,
Deputy Chief Appraiser; and Terry Hancock, Manager of the Residential Property
Department, 3911 Morse Street, Denton, Texas 76205, telephone (940) 349-3800, who
either participated in and/or supervised the appraisal of the Subject Property, the
Appraisal Review Board hearing and/or this lawsuit.
Defendant also identifies the Plaintiff, John T. Thorngren.
Defendant further reserves the right to amend or supplement this response in accordance
with the Texas Rules of Civil Procedure.
F. Rule 194.2(f), information regarding experts:
RESPONSE:
Denton CAD's employees who are disclosed as persons with
knowledge are qualified as experts and, if necessary, they may testify on the subject
matter of excessive value or unequal appraisal. The general substance of their mental
impressions and opinions is expected to be that the appraised value of the subject
property does not exceed its market value and that it was determined by the application
of generally accepted appraisal methods and techniques in compliance with Standard 6
of the Uniform Standards of Professional Appraisal Practice and based upon the
individual characteristics that affect the property's appraised value. It is also anticipated
that DentonCAD's employees will testify that there is no competent, relevant or reliable
evidence from the property owner that the appraised value exceeds the median
appraised value of a reasonable number of comparable properties appropriately
adjusted. In addition, it is anticipated that DentonCAD's employees will criticize the
Plaintiff's opinion of value of the subject property and/or the Plaintiff's experts'
opinion(s).
DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR DISCLOSURE
PAGE 2
The basis of Denton CAD's employees' opinions can, in part, be derived or ascertained
from voluminous public records including certified values which are available on the
Denton CAD website and/or computer-kept appraisal work papers which will be
produced and/or made available for inspection and photocopying at the offices of
Denton CAD during ordinary business hours after reasonable notice to counsel for
Defendant. DentonCAD's employees' testimonial opinions will also be based upon
information gathered from discovery as well as the investigation and preparation of this
case for trial de 110270. At this time, these persons have not prepared any written reports
and are tendered for their depositions reasonably promptly after the Plaintiff and/or the
Plaintff's expert(s) testifying on the same subjects have been deposed.
Defendant further reserves the right to amend or supplement this response in accordance
with the Texas Rules of Civil Procedure.
G. Rule 194.2(g), any discoverable indemnity and insuring agreements:
RESPONSE:
None.
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. Rule 194.2(h), any discoverable settlement agreements:
RESPONSE:
None.
I. Rule 194.2(i), any discoverable witness statements:
RESPONSE:
None.
Respectfully submitted,
SHACICELFORD, BOWEN, MCKINLEY &
NORTON, LLP
By:
/s/ David 8. Tabor
David B. Tabor
State Bar No. 24037577
9201 N. Central Expressway
Fourth Floor
Dallas, Texas 75231
(214) 780-1400
(214) 780-1401
[Fax]
dtabor@shackelfordlaw.net
ATTORNEYS FOR DEFENDANT DENTON CENTRAL
APPRAISAL DISTRICT
DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR DISCLOSURE
PAGE 3
CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of October 2018 the foregoing document has
been served on the following parties in accordance with Rule 21 of the Texas Rules of Civil
Procedure via eservice through eFileTexas.gov on
John T. Thorngren, Pro Se
P. O. Box 718
Lake Dallas, Texas 75076
TEXANDcorpOCharter.net
/s/ David B. Tabor
David B. Tabor
DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR DISCLOSURE
PAGE 4