Judge denies alcohol TRO, plaintiffs threaten new suit - KTRE.com | Lufkin and Nacogdoches, Texas

Judge denies alcohol TRO, plaintiffs threaten new suit

  • Inside KTRE.comMore>>

  • Statement from Buy Local First

    Statement from Buy Local First

    Thursday, November 1 2012 5:50 PM EDT2012-11-01 21:50:17 GMT
    Once again we stand by the County Commissioners and City Council and their staffs who did their jobs as required by Texas law. The opposition has now raised this issue in three jurisdictions--City ofMore >>
    Once again we stand by the County Commissioners and City Council and their staffs who did their jobs as required by Texas law. The opposition has now raised this issue in three jurisdictions--City ofMore >>
  • Statement from County of Smith Commissioners Court

    Statement from County of Smith Commissioners Court

    Thursday, November 1 2012 5:50 PM EDT2012-11-01 21:50:06 GMT
    From the County of Smith Commissioners Court: The alcohol petition for Justice of the Peace, Pct. 2 was verified on Tuesday, July 31, 2012. The Elections laws require that the voter registrar, which isMore >>
    From the County of Smith Commissioners Court: The alcohol petition for Justice of the Peace, Pct. 2 was verified on Tuesday, July 31, 2012. The Elections laws require that the voter registrar, which isMore >>
  • Statement from Tyler City Attorney Gary Landers

    Statement from Tyler City Attorney Gary Landers

    Thursday, November 1 2012 5:49 PM EDT2012-11-01 21:49:57 GMT
    From the Tyler City Attorney Gary Landers: This afternoon the City received a letter which says it is a courtesy notice that Tyler attorney Mathew Thigpen will file a lawsuit next Monday morning seekingMore >>
    From the Tyler City Attorney Gary Landers: This afternoon the City received a letter which says it is a courtesy notice that Tyler attorney Mathew Thigpen will file a lawsuit next Monday morning seekingMore >>
TYLER, TX (KLTV) -

A visiting judge Monday night denied the temporary restraining order to put a halt to the elections or to the counting of votes as it pertained to the two alcohol propositions on the ballot Tuesday in Smith County JP 2 and the city of Tyler - but the plaintiffs' lawyer said after the decision that another lawsuit will be filed if the propositions pass at the polls.

"We knew that the restraining order would be a difficult - it would be a difficult burden to meet," said Matthew Thigpen, managing partner of Ladd and Thigpen, P.C. and lawyer for the plaintiffs. "However, we felt it was appropriate based upon the importance of this matter to our community."

Thigpen represented Delores Radford, a resident of Smith County JP 2, and Richard Lanham, a Tyler resident, in the suit filed Monday against City of Tyler Secretary Cassandra Brager, Tyler Mayor Barbara Bass, Tyler City Council Members Jason Wright, Ralph Caraway, Sam Mezavek, Martin Heines, Mark Whatley and Daryl Bowdre, Smith County Elections Coordinator Karen Nelson, Smith County Clerk Karen Phillips, Smith County Commissioners Jeff Warr, Cary Nix, Terry Phillips, Jo Ann Hampton, and County Judge Joel Baker.

Our cameras were not allowed inside the courtroom Monday, but Thigpen told visiting Judge Andrew Kupper that 6,242 signatures had problems with Texas election code because they are missing data, like failing to provide a registration number or a proper birthdate or were signed by people who didn't live in JP 2 or who signed the petitions twice.

Thigpen also Judge Kupper today that there are 3,733 signatures on pages that did not have the date of issuance on them from the county, which violates another state election code.

Telling the judge those signatures should never have been certified - something Buy Local First Treasurer Bob Westbrook says wasn't the case.

"As the judge ruled today, the city and the county did do their due diligence," he said. "This is the largest community in the state of Texas that still doesn't sell beer and wine off premise, and so there was no doubt in my mind that the city and the county were going to do their due diligence and make sure that everything was checked and double checked."

Thigpen says it's now up to the citizens to decide on Propositions One and Two - but that if they pass, an election contest will be filed in a Smith County court on Wednesday - questioning the validity of the ballots and of the petition signatures.

"I think my clients have every right as citizens of Smith County and as Texas citizens to make sure their elected officials comply with their sworn duties, one of those being as to the certification of ballots.," said Thigpen. "So this is, quite frankly, citizenship in action. If you have a concern, you bring it forth."

Attorneys for the county asked the judge to grant a $50,000 bond if the restraining order had been passed to pay for the cost of a special election.

The city of Tyler's Planning and Zoning Committee will hold a meeting Tuesday afternoon at 1:30 to discuss how the city code will change if the propositions pass Tuesday night.

Copyright 2012 KLTV. All rights reserved.

Election Results

Click the map for full results.

  • East Texas NewsMore>>

  • Angelina County leaders preparing for the 'Big One'

    Angelina County leaders preparing for the 'Big One'

    Monday, March 27 2017 7:33 PM EDT2017-03-27 23:33:05 GMT

    While storms popping up in the Atlantic are the last things on the minds of those that live in East Texas, it is priority number one for the Angelina County Office of Emergency Management as the calendar creeps closer to the start of hurricane season.

    More >>

    While storms popping up in the Atlantic are the last things on the minds of those that live in East Texas, it is priority number one for the Angelina County Office of Emergency Management as the calendar creeps closer to the start of hurricane season.

    More >>
  • NISD names Interim Superintendent Sandra Dowdy lone superintendent finalist

    NISD names Interim Superintendent Sandra Dowdy lone superintendent finalist

    NISD names Interim Superintendent Sandra Dowdy lone superintendent finalist

    Monday, March 27 2017 9:33 PM EDT2017-03-28 01:33:54 GMT
    Source: NISDSource: NISD

    During a Monday night special meeting, Nacogdoches Independent School District named Sandra Dowdy the lone finalist for the superintendent position. Dowdy has served as interim for the last several months. Per a press release from NISD, Dowdy was selected from a field of 45 applicants. A state mandated 21-day period must pass between the board naming her as the lone finalist and formally naming her as the next superintendent of Nacogdoches schools. It also states the selection happ...

    More >>

    During a Monday night special meeting, Nacogdoches Independent School District named Sandra Dowdy the lone finalist for the superintendent position. Dowdy has served as interim for the last several months. Per a press release from NISD, Dowdy was selected from a field of 45 applicants. A state mandated 21-day period must pass between the board naming her as the lone finalist and formally naming her as the next superintendent of Nacogdoches schools. It also states the selection happ...

    More >>
  • Sabine County residents begin storm recovery efforts

    Sabine County residents begin storm recovery efforts

    Monday, March 27 2017 7:11 PM EDT2017-03-27 23:11:55 GMT

    Residents near the Texas-Louisiana border are beginning their own storm recovery efforts on Monday after they fell on their property from this weekend’s storms.  

    More >>

    Residents near the Texas-Louisiana border are beginning their own storm recovery efforts on Monday after they fell on their property from this weekend’s storms.  

    More >>
Powered by Frankly