CAUSE NO.
18-6796-393
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JOHN T. THORNGREN
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DEN TON CENTRAL APPRAISAL DISTRICT §
393" JUDICIAL DISTRICT
PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO REFER CASE To
MEDIAITON
TO THE HONORABLE JUDGE OF THIS COURT:
Plaintiff, John
Thorngren, hereby fileF, a RESPONSE to Defendant's request for Victliation
dated January 23. 2019. per fexas Civil Practice and Remedies Code. Sec
154.022
(a). (b). tc)
I . PLAINTIFF'S RESPONSE TO POSHILF rOt RT ORDERED MEDIATION
1. Plaintiff strenuously objects to a one-sided motion filed by Defendant. presented to the court
in which his Plaintiff's objectiants1 must follow after a court ordered Mediation according to
Texas Civil. Practice and Remedies Code
154.022 (a). Plaintiff hereby requests the court to
review his objections prior to so ordering Mediation.
2. Defendaras Motion, claim 2.,
...parties have exchanged a limited amount of discovery ..."
needs clarification. Plaintiff has delivered
138 pages of Discovery to Defendant in both written
and electronic form. As of to date. Defendant has deli ered NO written docurnentztion or
Discover) or Admission to Plaintiff although both parties continue working to resolve this issue
in order to affect a settlement.
3. Defendant's Motion, claim 2.. ", endeavoring to engage in settlement with Plaintiff,- needs
clarification, Detendant has not yet made a reasonable otter. and Plaintiff feels the Mediation
will riot result in an offer that is in line with comparable properties, especially since Delendant
has riot disclosed the bases hehind these irregular appraisals on said comparable properties.
4. In addition to a lower appraisal as noted in Plaintiffs Amended Re-Plead Petition for
Statutor,.. Basis, November 14. 2018. Plaintiff seeks legal theories and factual hasls as to why alt
properties including Plaintiff's were appraised at S 3.00/sq fl while a similar sized property
across the street
206 Gotcher) was set at S !AIR' sqf. and an occupied rent house on this
property was appraised at S 340.00 total, Certainly, Mediation would not bring this point to light
and Plaintiff feels that Mediation would be waste of time and expense and has requested a trial
by jury to expose what appears to be extreme irregularities in the appraisal system.
5. In addition to a lower appraisal as noted in Plaintifr s Amended Re-Plead Petition For
Statutory Basis, November 14. 201K. Plaintiff seeks legal theories and factual basis as to why the
property in (4) previous has had a rented house appraised in around $ 340 total since 2016. said
irregular appraisal being brought to Defendant's attention in arbitration of 2016. and Defendant
has done nothing to correct this matter, Certainly. Mediation would not bring this point to light
and Plaintiff feels that Mediation would be waste of time and expense and has requested a trial
by jury to expose what appears to be extreme irregularities in the appraisal system.
6. In addition to a lower appraisal as noted in Plaintiffs Amended Re-Plead Petition for
Statutory Basis. November 14. 2018, Plaintiff seeks legal theories and factual basis as to why
Gotcher's overall raise to S 3.00. sq f
(except 206 Gotcher) is based upon Commercial in
Transition as slated 1w Defendant when there has been no changes from residential to
commercial in 22 years except an old house that was converted to business use in about 2014.
Cenainly, Mediation would not bring this point to light and Plaintiff feels that Mediation would
be waste of time and expense and has requested a trial by jury to expose 14.% hat appears to he
extreme irregularities in the appraisal system.
7. In addition to a lamer appraisal as noted in Plaintiff's .kinended Re-Plead Petition for
Statutory Basis. November 14. 2018. Plaintiff-seeks legal theories and factual basis as to why all
properties (except 206 {.iotcher) including Plaintiff's were appraised at $ 3,00/sq ft while a
nearby similar mixed-use street. North Shady Shores Road. eight tenths of a mile from Gotcher.
has SI.001 sq it corrintercial and residential appraisals with North Shady Shores Road being the
busiest street in Lake Dallas. Certainly. Mediation would not bring this point to light and
Plaintiff feels that Mediation would be waste of time and expense and has requested a trial by
jury to expose what appears to be extreme irregularities in the appraisal system.
8. In addition to a lower appraisal as noted in Plaintiffs Amended Re-Plead Petition for
Statutory Basis. November 14, 2018, Plaintiff seeks legal theories and factual basis as to why all
properties (except 206 Gotcherl including Plaintiff s were appraised at $ 3.00/sq t while five (5)
homes and one commercial proper* owned
a single enti*
(Bolivar Trust) on a similar mixed-
use street. North Shady Shores Road. have been appraised without increase at $
1.00! sq n since
2014 (5 years). Certainly. Mediation would not bring this point to light and Plaintiff feels that
NrIediation would be waste of time and expense and has requested a trial by jury to expose what
appears 10 be extreme irregularities in the appraisal system.
9. In addition to a lower appraisal as noted in Plaintiffs Amended Re-Plead Petition for
Statutory Basis. November 14.2018. Plaintiff seeks legal theories and factual basis as to why
(iotcher. a quite street having an average of 43 cars per hour is now classified a Commercial in
Transition by the Defendant while that for North Shady Shores Road. the busiest street in Lake
Dallas with an al. .i-age of 284 car per hour, is not classified as Com rnerriill in Transition. ")
Certainly, Mediation would not bring this point to light and Plaintiff heels that Mediation would
be waste of time and expense and has requested a trial by jury to expose what appears to he
extreme irregularities in the appraisal system.
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10. Defendant's Motion. Claim 5., regarding a request for an attorney as a mediator. Plaintiff,
as pro se with no legal background. would be surrounded by attorneys speaking in an unknown
tongue hadgering, him with every jot and tittle over legal points. Also. if the court insists on
Mediation. a non-attorney mediator would be less of a financial burden on the Plaintiff, who is
filing pro se and therefore, obviously, can not afford an attorney.
11. Defendant is aware that the Plaintiff is represented pro se, and that the court has
recommended that PlaintilT hire an attorney. Defendant is further aware that Plaintiff remains
pro se obviously because he can not afford the price that attorneys charge. Plaintiff therefore
feels that Defendant is trying to Financially bleed Plaintiff into submission by requiring an
expensive procedure that will result in an automatic refusal for settlement because it does not
address the legal issues behind Defendant's blatant irregularities in the appraisal for PlaintirrN
property compared to the appraisals for other similar properties.
Preliminary results for an ongoing traffic count for Goicher and North Shady Shores Road to
be presented as Exhibit 17 tit
II PRAYER
11 Plaintiiiprays that the court will understand that Mediation will NOT accomplish its primary
objective to reduce the court's case load because Plaintiff will not accept any settlement that
does not expose or require Defendant's response to issues of blatant irregularity raised in this
document; that Mediation will be a financial and temporal burden on the Plaintiff: and that
Plaintiff has already scheduled a trial by jury.
REPRESENTATION FOR THE PLAINTIFF - PRO SE
PLAINTIFF
1.
JOHN T. THORNGREN
MAIL: P.O. Box 718
02106/201g
lake Dallas. Texas
75065
Eel:
940497-0133
E-Mai TEXANDcorpcitCharter.net
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