After stonewalling discovery in the Elm Grove lawsuits, on December 27th, defendant Double Oak Construction objected to use of the documents in court that the judge forced it to produce. I don’t know what’s in those documents, but I plan to camp out at the courthouse when this case goes to trial. The documents must be juicier than Juicyfruit gum.
Double Oak appears to be a Perry Homes’ contractor working primarily on the northern portion of the Woodridge Village site, where downed trees are now being turned into mulch.
Summary of Objections
After producing documents, Double Oak now objects to their use in court.
The plaintiffs filed notice that they intended to use, in court, all documents and items produced by Double Oak during discovery.
Double Oak claims that this notice is insufficient and contradicts the Texas Rules of Civil Procedure.
The Plaintiff’s Notice leaves them, they say, without knowledge of the specific documents plaintiffs intend to use. That, claims Double Oak, handicaps the company in its ability to defend itself. It must prepare to object to every single document, they say.
But the objections don’t stop there. Double Oak reserves its right to make further objections when the company becomes aware of specific documents being used by the plaintiffs.
And if that isn’t enough, Double Oak reserves the right to object to all documents on all grounds, including documents produced by third parties.
Playing the delay game is a high risk strategy for companies already facing obscenely high risk due to previous delays.
Posted by Bob Rehak on 1/5/2020
859 Days after Hurricane Harvey and 108 after Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/20191030-RJR_3830.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-01-05 21:29:572020-01-05 21:32:38Double Oak Construction Causes Yet Another Delay in Elm Grove Lawsuits
But it evidently has also triggered the demise of Western Civilization and recreational boating on Lake Conroe. People can no longer boat to their favorite float-in restaurants to clog their arteries with fried shrimp and shatter their neighbor’s eardrums with the shrill screams of outboard engines.
In New York, the United Nations called a special session to raise awareness of the threat to Lake Conroe. In Rome, the Pope considered gathering Cardinals from around the world to debate the threat to bass fishing. In Hollywood, the Screen Actors Guild summoned Bruce Willis to star in a thriller about the next “Threat to Life on Earth as We Now Know It.”
“If they can drain Lake Conroe,” said Willis, “What’s next? Fort Knox? Your IRA? Your crankcase?”
In Washington DC, the EPA declared the seasonal lowering of Lake Conroe a larger threat than climate change, deforestation and baby wipes flushed down your toilet … put together.
“This is an existential threat to Budweiser and the American way of life,” intoned Larry the Cable Guy from a stand-up gig at Hooters on 105. “Why can’t we all live in peace? Two feet of water out of a 75-foot-deep lake is outrageous. Those Kingwood people whose homes and businesses were flooded just don’t recognize the sacrifice Lake Conroe bass fishermen are making.”
At press time, it is unclear what the Lake Houston response will be, if any.
Some community organizers were considering a rally of flooded cars around a “Days of Thunder and Lightning” theme. For a spokesperson, they were reportedly negotiating with Tom Cruise to play the role of Hurricane Harvey.
Personally, I would like to see the five to six thousand West Fork home and business owners who flooded submit pictures of their damage. Then maybe policy makers can consider real vs. imagined threats as they debate whether to extend the seasonal lake lowering policy another year.
Posted by Bob Rehak on 1/4/2020
858 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/IMG_2705.jpeg?fit=1200%2C900&ssl=19001200adminadmin2020-01-04 17:08:572020-01-17 10:12:12Billboard on FM105 Implies Lake Conroe Is Threatened and Near Death
According to a recent New York Times article, nine of the 20 counties in the U.S. that have experienced the most development the last decade are in Texas. Prominent among them is Harris County. The article does not cite population growth. Rather, it relies on computer analysis of satellite imagery that detects the growth of impervious cover.
Analysis of Satellite Imagery Shows Land Newly Paved or Topped With Buildings
The Times cites the work of Santa-Fe-based Descartes Labs, which positions itself as a data refinery. The company trained a computer model to automatically identify newly impervious surfaces — land that appears paved or topped with buildings — in satellite imagery. It then produced dozens of paired images that show the effects of development. It also produced a map that shows where that development took place.
The data suggests that the growth of suburbs and exurbs has returned. There was a brief hiatus of suburban development after the housing bust in 2008, which saw people returning to the inner city. But that trend appears to be over, according to this analysis.
I’m not sure if this should be a source of pride, alarm or both.
Texas Grows While Other Areas Lose Population
Many Rust Belt cities are experiencing population shrinkage. That presents another set of problems altogether. The Times article shows how several northern cities, including Detroit, are clearing thousands of dilapidated and abandoned homes. In the process, they are restoring pervious (natural) cover.
Given slow population growth on the national level, local growth in Texas and Houston must come from migration. I’m not talking about foreign immigration. I’m talking about one area attracting residents and businesses from another.
Texas Has Seven of Fifteen Fastest Growing Cities in U.S.
In marketing, if the market itself is not growing, the only way for a company to grow is to steal share from its competitors. And that is exactly what Texas seems to be doing. Markets such as New York and California are losing population while Texas gained more than 14% in the last decade. From 2010 to 2018, Texas had the largest population growth in America: 3,555,731.
Texas also had 7 of the top 15 fastest growing cities in the country between 2017 and 2018.
So clearly, from a marketing point of view, Texas must be seen as a desirable place to live by many people. We’re doing many things right.
Can Texas Meet the Challenge of Rapid Growth?
But in my 45 year career in marketing and advertising, I have seen many instances where companies had record growth one year only to have record losses later. It comes down to how you manage growth.
Can you deliver what you promise and keep product quality up as you grow?
Many areas can. Many areas can’t.
County officials face a conundrum: growing rapidly while maintaining quality of life. You want to attract growth, but you don’t want to be overwhelmed by it.
Montgomery Vs. Fort Bend Counties: Strategic Differences
Some compete for growth by relaxing regulations. For instance, this video from the East Montgomery County Improvement District boasts, “We don’t have rules that confine us.” The no-hassle upfront, anything-goes, follow-your-dream approach tempts many, especially those coming from other areas with onerous regulations.
Meanwhile, other fast-growing counties, such as Fort Bend, are adopting new flood plain regulations, designed to protect the quality of life they are selling.
Tougher Fort Bend County Regulations Went Into Effect New Year’s Day.
As of 1/1/2020, Fort Bend County adopted new Atlas 14 rainfall statistics and updated their drainage criteria manual accordingly to protect new homes AND existing downstream developments. Fort Bend is the fastest growing county in the region.
There you have it. Two opposite ends of the spectrum.
It will be interesting to see the outcomes that these two development strategies produce ten years from now.
Posted by Bob Rehak on 1/2/2020
856 Days since Hurricane Harvey and 104 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/1558557037104.jpg?fit=612%2C648&ssl=1648612adminadmin2020-01-02 17:47:312020-01-02 17:47:44When Measured by Growth of Impervious Cover, Texas Has 9 of Top 20 Counties in U.S.
Double Oak Construction Causes Yet Another Delay in Elm Grove Lawsuits
After stonewalling discovery in the Elm Grove lawsuits, on December 27th, defendant Double Oak Construction objected to use of the documents in court that the judge forced it to produce. I don’t know what’s in those documents, but I plan to camp out at the courthouse when this case goes to trial. The documents must be juicier than Juicyfruit gum.
Summary of Objections
After producing documents, Double Oak now objects to their use in court.
The plaintiffs filed notice that they intended to use, in court, all documents and items produced by Double Oak during discovery.
Double Oak claims that this notice is insufficient and contradicts the Texas Rules of Civil Procedure.
The Plaintiff’s Notice leaves them, they say, without knowledge of the specific documents plaintiffs intend to use. That, claims Double Oak, handicaps the company in its ability to defend itself. It must prepare to object to every single document, they say.
But the objections don’t stop there. Double Oak reserves its right to make further objections when the company becomes aware of specific documents being used by the plaintiffs.
And if that isn’t enough, Double Oak reserves the right to object to all documents on all grounds, including documents produced by third parties.
Here is the full text of Double Oak’s objections.
No End in Sight to Delays
Sadly, there’s no end in sight to these procedural delays in court. They parallel the construction delays on the actual job site.
Perry Homes broke its promise to the Houston City Attorney to accelerate construction of additional detention ponds. Perry pulled all actual excavation equipment from the job site in December. Only Double Oak crews turning dead trees into mulch remain.
Meanwhile, the flood risk remains high for the people of Elm Grove. Based on detention capacity in place today, that risk is no lower now than it was in August before Imelda. That’s when work on the site came to a virtual standstill.
Posted by Bob Rehak on 1/5/2020
859 Days after Hurricane Harvey and 108 after Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Billboard on FM105 Implies Lake Conroe Is Threatened and Near Death
Lake Conroe is being drained, says the billboard. The lake is threatened. It MUST be saved. Homes are being destroyed. Armageddon is at hand.
Lake Down About a Foot, No Releases in 3 Months
Well, the Lake IS down a foot compared to its average January level thanks to evaporation and a dry Fall.
So what’s all this “Stop Draining the Lake” stuff about?
When You Don’t Have Facts on Your Side, Rile Their Bile
The Lake Conroe Association is trying to rile people up to protest the seasonal lowering of Lake Conroe. That seasonal-lowering strategy, developed at Governor Abbott’s request, helped provide an extra measure of protection against downstream flooding by lowering the lake one foot in the Spring and two during the peak of hurricane season. It helped prevent West Fork flooding last May.
But it evidently has also triggered the demise of Western Civilization and recreational boating on Lake Conroe. People can no longer boat to their favorite float-in restaurants to clog their arteries with fried shrimp and shatter their neighbor’s eardrums with the shrill screams of outboard engines.
According to the Lake Conroe Association, the economy of the county and lake are collapsing – except for the second fastest growth rate in the region, which they fail to mention.
World Leaders Rally to Boaters’ Side
In New York, the United Nations called a special session to raise awareness of the threat to Lake Conroe. In Rome, the Pope considered gathering Cardinals from around the world to debate the threat to bass fishing. In Hollywood, the Screen Actors Guild summoned Bruce Willis to star in a thriller about the next “Threat to Life on Earth as We Now Know It.”
“If they can drain Lake Conroe,” said Willis, “What’s next? Fort Knox? Your IRA? Your crankcase?”
In Washington DC, the EPA declared the seasonal lowering of Lake Conroe a larger threat than climate change, deforestation and baby wipes flushed down your toilet … put together.
“This is an existential threat to Budweiser and the American way of life,” intoned Larry the Cable Guy from a stand-up gig at Hooters on 105. “Why can’t we all live in peace? Two feet of water out of a 75-foot-deep lake is outrageous. Those Kingwood people whose homes and businesses were flooded just don’t recognize the sacrifice Lake Conroe bass fishermen are making.”
Showdown in Conroe on the 21st
Lake Conroe lakefront homeowners are reportedly renting a flotilla of tour buses to ferry them to the Montgomery County Convention Center at 6PM on January 21. There, insiders say, the Lake Conroe Association plans to pack the room and shout Kingwood people down, as they did at the last SJRA board meeting, to deny Kingwood residents a chance to tell their side of this story.
At press time, it is unclear what the Lake Houston response will be, if any.
Some community organizers were considering a rally of flooded cars around a “Days of Thunder and Lightning” theme. For a spokesperson, they were reportedly negotiating with Tom Cruise to play the role of Hurricane Harvey.
Personally, I would like to see the five to six thousand West Fork home and business owners who flooded submit pictures of their damage. Then maybe policy makers can consider real vs. imagined threats as they debate whether to extend the seasonal lake lowering policy another year.
Posted by Bob Rehak on 1/4/2020
858 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
When Measured by Growth of Impervious Cover, Texas Has 9 of Top 20 Counties in U.S.
According to a recent New York Times article, nine of the 20 counties in the U.S. that have experienced the most development the last decade are in Texas. Prominent among them is Harris County. The article does not cite population growth. Rather, it relies on computer analysis of satellite imagery that detects the growth of impervious cover.
Analysis of Satellite Imagery Shows Land Newly Paved or Topped With Buildings
The Times cites the work of Santa-Fe-based Descartes Labs, which positions itself as a data refinery. The company trained a computer model to automatically identify newly impervious surfaces — land that appears paved or topped with buildings — in satellite imagery. It then produced dozens of paired images that show the effects of development. It also produced a map that shows where that development took place.
This Descarte map clearly shows the pattern in Texas. Each of the major cities looks like a bullet hole in the map with development splashing out ward…a ring of concrete.
Return of Suburban and Exurban Growth
The data suggests that the growth of suburbs and exurbs has returned. There was a brief hiatus of suburban development after the housing bust in 2008, which saw people returning to the inner city. But that trend appears to be over, according to this analysis.
Texas Grows While Other Areas Lose Population
Many Rust Belt cities are experiencing population shrinkage. That presents another set of problems altogether. The Times article shows how several northern cities, including Detroit, are clearing thousands of dilapidated and abandoned homes. In the process, they are restoring pervious (natural) cover.
As luck would have it, another article in The NY Times the next day talked about a slowdown in U.S. population growth. Population grew at its slowest pace in decades in 2019. A decline in the number of new immigrants, fewer births and the graying of America accounted for the decline, which the Census Bureau estimated.
Given slow population growth on the national level, local growth in Texas and Houston must come from migration. I’m not talking about foreign immigration. I’m talking about one area attracting residents and businesses from another.
Texas Has Seven of Fifteen Fastest Growing Cities in U.S.
In marketing, if the market itself is not growing, the only way for a company to grow is to steal share from its competitors. And that is exactly what Texas seems to be doing. Markets such as New York and California are losing population while Texas gained more than 14% in the last decade. From 2010 to 2018, Texas had the largest population growth in America: 3,555,731.
Texas also had 7 of the top 15 fastest growing cities in the country between 2017 and 2018.
So clearly, from a marketing point of view, Texas must be seen as a desirable place to live by many people. We’re doing many things right.
Can Texas Meet the Challenge of Rapid Growth?
But in my 45 year career in marketing and advertising, I have seen many instances where companies had record growth one year only to have record losses later. It comes down to how you manage growth.
Many areas can. Many areas can’t.
County officials face a conundrum: growing rapidly while maintaining quality of life. You want to attract growth, but you don’t want to be overwhelmed by it.
Montgomery Vs. Fort Bend Counties: Strategic Differences
Some compete for growth by relaxing regulations. For instance, this video from the East Montgomery County Improvement District boasts, “We don’t have rules that confine us.” The no-hassle upfront, anything-goes, follow-your-dream approach tempts many, especially those coming from other areas with onerous regulations.
Meanwhile, other fast-growing counties, such as Fort Bend, are adopting new flood plain regulations, designed to protect the quality of life they are selling.
Tougher Fort Bend County Regulations Went Into Effect New Year’s Day.
As of 1/1/2020, Fort Bend County adopted new Atlas 14 rainfall statistics and updated their drainage criteria manual accordingly to protect new homes AND existing downstream developments. Fort Bend is the fastest growing county in the region.
There you have it. Two opposite ends of the spectrum.
Posted by Bob Rehak on 1/2/2020
856 Days since Hurricane Harvey and 104 since Imelda