On 12/23/21, a group of petitioners trying to stop implementation of the Ellis-3 redistricting plan for Harris County took their case to the Texas Supreme Court.
District Court Judge Brittanye Morris denied the plaintiffs a temporary restraining order on November 29. Judge Dedra Davis dismissed the entire case on Wednesday, December 22. Neither explained why.
Goal of Petition for Writ of Mandamus
Then on Thursday, December 23, 2021, Cagle, Ramsey and their supporters filed an emergency petition for a “writ of mandamus” with the Texas Supreme Court.
The petition, if granted, would compel Harris County Judge Lina Hidalgo, Precinct 1 Commissioner Rodney Ellis, and Precinct 2 Commissioner Adrian Garcia “to cease implementation of the illegal and unconstitutional Ellis 3 Plan for the upcoming election cycle” and pay all costs of the suit.
A writ of mandamus is literally a judicial command. It orders an official to perform a statutory duty.
The legal combatants: Cagle and Ramsey on the left, Hidalgo, Garcia and Ellis on the right, listen to people testifying at the 12/14/2021 Commissioners Court meetingabout changing flood-bond priorities for third time in 2.5 years.
The 2020 census revealed population changes among districts that required redistricting.
It was possible to comply with the “one man, one vote” rule by transferring 4% of the county’s population.
But Hidalgo, Ellis and Garcia chose a plan that moved 48% and overstepped their authority.
That plan will deprive 1.1 million people of their right to vote for commissioner in the next election and likely tip the result from Republican to Democrat in one precinct, creating a 4-1 supermajority for Democrats.
The petition then recites more facts in the case, elements of the redistricting plan, legal precedents, issues and arguments.
The petition basically restates elements of the original District Court petition. However, for the Texas Supreme Court, it also lists precedents for writs of mandamus. Those were not an element of the original case.
Writs of mandamus compel lower court judges or government officials to perform the duties of their job. In this case, the petition was targeted at three local officials – Hidalgo, Ellis and Garcia.
The urgency explains why Cagle, Ramsey and their supporters skipped the normal intermediate step of filing an appeal. Because of the need to print ballots early in the year, time was simply not available. A writ of mandamus represents the only legal remedy they have available at this point.
Tik tok. Tik tok.
Posted by Bob Rehak on 12/24/2021
1578 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/12/Commissioners-Court-Dec-Mtg.jpg?fit=1200%2C685&ssl=16851200adminadmin2021-12-24 06:58:392021-12-24 07:07:10Emergency Petition Filed with Texas Supreme Court to Stop Ellis-3 Redistricting Plan
A lawsuit by Harris County Precinct 3 Commissioner Tom Ramsey, Precinct 4 Commissioner Jack Cagle and their supporters that sought to overturn a redistricting plan devised by Precinct 1 Commissioner Rodney Ellis has been dismissed by an Ellis-backed judge, Dedra Davis.
In the Ellis-3 Redistricting plan, almost all of the Lake Houston Area including Kingwood, Humble, Atascocita, Huffman and Crosby will change from Precinct 4 to Precinct 3. Tom Ramsey will remain the Commissioner of Precinct 3, and will not be up for re-election in 2022.
Details of Redistricting Plan
The Ellis redistricting plan swapped the numbers of Precincts 3 and 4. It also redrew the boundaries of Precincts 3 and 4 so that Ramsey’s home and Cagle’s home changed precincts. The Ellis plan has two immediate effects.
It forces Cagle and Ramsey, both Republicans, to run in each others’ precincts because commissioners must live in the precincts they represent.
The number swap will deny voters in the new precinct 3 the right to vote for commissioner in the next election. That’s because only even-numbered precincts will vote in the next election cycle for commissioners. So the Lake Houston Area will not be able to vote for commissioners next year as it normally would have.
In addition, the plan redraws boundaries of the new Precinct 4 so that it becomes more Democratic. That jeopardizes Cagle’s chances of re-election and could shift the balance of power in Commissioners Court. Four Democrats could create a super-majority, enabling them to raise taxes at will.
Judge Davis, who was supported in her election bid by Rodney Ellis, a key player in this drama, did not recuse herself. Nor did she cite any reasons for dismissing the case in her terse ruling.
Rodney Ellis and Judge Dedra Davis during her election bid.
Stage Set for Appeal
A spokesperson for Commissioner Jack Cagle’s office responded that the plaintiffs intend to file an appeal. However, because of the holidays, no other details were immediately available.
Posted by Bob Rehak on 12/23/2021
1577 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/11/20211117-Screen-Shot-2021-11-17-at-9.12.02-PM.jpg?fit=1200%2C798&ssl=17981200adminadmin2021-12-23 11:32:432021-12-23 11:49:51Redistricting Lawsuit Dismissed by Ellis-Backed Judge
The San Jacinto Regional Flood-Planning Group is soliciting nominations for a voting member position in the Small Business Category. The primary responsibility: to assist in the development of a regional flood plan for the San Jacinto Watershed.
The San Jacinto Regional Flood Planning Group meets monthly and is one of 15 such groups in Texas.
Nominees who have a strong affiliation or interest with small businesses are encouraged to apply. As the Small Business voting-member, this individual will represent all small businesses within the San Jacinto Flood Planning Group region, and act in their best interests.
Nominations may be made to the Region 6 – San Jacinto Regional Flood Planning Group Sponsor, Harris County Engineering Department, until Jan. 3, 2022 by 5:00 p.m.
Find the solicitation and application form on the SJRFPG website or at the link below:
Please complete the nomination form and email it to SanJacFldPG@eng.hctx.net or mail to the Harris County Engineering Department to:
ATTN: SJRFPG – Fatima Berrios
10555 Northwest Fwy, Suite 120
Houston, TX 77092.
For further information, please email SanJacFldPG@eng.hctx.net or call Fatima Berrios at (713)-274-3914.
Posted By Bob Rehak on December 22, 2021
1576 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/12/20211222-Screen-Shot-2021-12-22-at-3.15.56-PM.jpg?fit=973%2C1200&ssl=11200973adminadmin2021-12-22 15:40:292021-12-22 15:40:33Regional Flood-Planning Group Seeks Small-Business Member
Emergency Petition Filed with Texas Supreme Court to Stop Ellis-3 Redistricting Plan
On 12/23/21, a group of petitioners trying to stop implementation of the Ellis-3 redistricting plan for Harris County took their case to the Texas Supreme Court.
Precinct 4 Commissioner Jack Cagle, Precinct 3 commissioner Tom Ramsey and their supporters filed their original lawsuit in District Court last November. They claimed the Ellis-3 redistricting plan was unconstitutional. They say it disenfranchised 1.1 million people of their right to vote for the commissioner of their choice in next year’s county election.
District Court Judge Brittanye Morris denied the plaintiffs a temporary restraining order on November 29. Judge Dedra Davis dismissed the entire case on Wednesday, December 22. Neither explained why.
Goal of Petition for Writ of Mandamus
Then on Thursday, December 23, 2021, Cagle, Ramsey and their supporters filed an emergency petition for a “writ of mandamus” with the Texas Supreme Court.
The petition, if granted, would compel Harris County Judge Lina Hidalgo, Precinct 1 Commissioner Rodney Ellis, and Precinct 2 Commissioner Adrian Garcia “to cease implementation of the illegal and unconstitutional Ellis 3 Plan for the upcoming election cycle” and pay all costs of the suit.
A writ of mandamus is literally a judicial command. It orders an official to perform a statutory duty.
Elements of Petition
The 47-page petition petition for a writ of mandamus to the Texas Supreme Court begins by recapping the basis for the original lawsuit.
The petition then recites more facts in the case, elements of the redistricting plan, legal precedents, issues and arguments.
The petition basically restates elements of the original District Court petition. However, for the Texas Supreme Court, it also lists precedents for writs of mandamus. Those were not an element of the original case.
Writs of mandamus compel lower court judges or government officials to perform the duties of their job. In this case, the petition was targeted at three local officials – Hidalgo, Ellis and Garcia.
Request to Expedite Petition
The petitioners also filed a 4-page request to expedite the case, citing the nearness of the next election.
The urgency explains why Cagle, Ramsey and their supporters skipped the normal intermediate step of filing an appeal. Because of the need to print ballots early in the year, time was simply not available. A writ of mandamus represents the only legal remedy they have available at this point.
Tik tok. Tik tok.
Posted by Bob Rehak on 12/24/2021
1578 Days since Hurricane Harvey
Redistricting Lawsuit Dismissed by Ellis-Backed Judge
A lawsuit by Harris County Precinct 3 Commissioner Tom Ramsey, Precinct 4 Commissioner Jack Cagle and their supporters that sought to overturn a redistricting plan devised by Precinct 1 Commissioner Rodney Ellis has been dismissed by an Ellis-backed judge, Dedra Davis.
Details of Redistricting Plan
The Ellis redistricting plan swapped the numbers of Precincts 3 and 4. It also redrew the boundaries of Precincts 3 and 4 so that Ramsey’s home and Cagle’s home changed precincts. The Ellis plan has two immediate effects.
In addition, the plan redraws boundaries of the new Precinct 4 so that it becomes more Democratic. That jeopardizes Cagle’s chances of re-election and could shift the balance of power in Commissioners Court. Four Democrats could create a super-majority, enabling them to raise taxes at will.
TRO Denied, Then Lawsuit Dismissed on Plea to Jurisdiction
The plaintiffs sought a temporary restraining order (TRO) to block preparations for redistricting until the lawsuit could be resolved.
Judge Brittanye Morris (acting as an ancillary judge for Davis) denied the TRO on November 29 without explanation.
Hidalgo then filed a Plea to the Jurisdiction on December 13. In it, she pled that:
Yesterday, December 22, 2021, Judge Dedra Davis of the 270th District Court upheld Hidalgo’s plea to the jurisdiction and dismissed the lawsuit.
Judge Davis, who was supported in her election bid by Rodney Ellis, a key player in this drama, did not recuse herself. Nor did she cite any reasons for dismissing the case in her terse ruling.
Stage Set for Appeal
A spokesperson for Commissioner Jack Cagle’s office responded that the plaintiffs intend to file an appeal. However, because of the holidays, no other details were immediately available.
Posted by Bob Rehak on 12/23/2021
1577 Days since Hurricane Harvey
Regional Flood-Planning Group Seeks Small-Business Member
The San Jacinto Regional Flood-Planning Group is soliciting nominations for a voting member position in the Small Business Category. The primary responsibility: to assist in the development of a regional flood plan for the San Jacinto Watershed.
Nominees who have a strong affiliation or interest with small businesses are encouraged to apply. As the Small Business voting-member, this individual will represent all small businesses within the San Jacinto Flood Planning Group region, and act in their best interests.
Fifteen regional flood-planning groups representing each of the major watersheds in Texas were formed after Hurricane Harvey to develop flood plans by January 2023. Jenna Armstrong, former president of the Lake Houston Area Chamber was the first small business representative to the Region 6 Flood-Planning group. She resigned her position with the Chamber last month to take a position with Waste Management.
How to Submit an Application/Nomination
Nominations may be made to the Region 6 – San Jacinto Regional Flood Planning Group Sponsor, Harris County Engineering Department, until Jan. 3, 2022 by 5:00 p.m.
Find the solicitation and application form on the SJRFPG website or at the link below:
Small Business Voting Member Solicitation and Application Form
Please complete the nomination form and email it to SanJacFldPG@eng.hctx.net or mail to the Harris County Engineering Department to:
ATTN: SJRFPG – Fatima Berrios
10555 Northwest Fwy, Suite 120
Houston, TX 77092.
For further information, please email SanJacFldPG@eng.hctx.net or call Fatima Berrios at (713)-274-3914.
Posted By Bob Rehak on December 22, 2021
1576 Days since Hurricane Harvey