David C. Goad v. the County of Guadalupe, Texas
04-14-00497-CV
| Tex. App. | Mar 13, 2015Background
- Appellant David Goad (and daughter Natalie) appeal a June 2, 2014 judgment for unpaid property taxes, fees, and penalties on a one‑acre parcel in Guadalupe County adjacent to Zuehl Flying Community. The parcel was allegedly landlocked by a fence installed in 2008 and later regained access.
- Goad contends the county chief appraiser (Jamie Osborne) and county officials committed fraud and deliberately withheld or misrepresented appraisal/protest information that affected valuation and the trial outcome. He also notes a large valuation increase in 2013 (to $21,713) that was later reduced in 2014 to $10,956.
- Goad previously filed a federal RICO / civil‑rights action (SA‑08‑CA‑0674) connected to the fence and county conduct; that litigation and related events (including arrests of witnesses) are relied on in the brief.
- Procedurally, Goad alleges the trial court and clerk refused to follow local rules and rules of procedure: denying settings/hearings on his motions, failing to provide requested records or copies, refusing a jury trial and withholding the jury fee, and denying continuances.
- Goad seeks reversal of the judgment, removal/clearing of Natalie’s name, a declaration that the case involved fraud upon the court, costs and attorneys’ fees (or compensation for his appellate work), and the opportunity to present oral argument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Fraud on the court by chief appraiser | Osborne and friends fabricated or withheld appraisal/protest records and knowingly misled the court to obtain a favorable judgment | County defends the appraisal record and judgment (not detailed in brief) | Trial court entered judgment for the County (judgment challenged on appeal) |
| 2. Due process / §1983 civil‑rights violations | County actors acted with deliberate indifference to deprive Goad of Fourteenth Amendment rights by denying hearings, denying jury, and sanitizing records | County denies civil‑rights liability (not detailed in brief) | No relief in trial court; claim preserved for appeal |
| 3. Trial court abused discretion by refusing hearings or rulings on motions | Clerk and judge refused to set hearings despite local rule requiring setting on pro se request; motions went undecided | County maintains procedures were proper (not detailed in brief) | Motions were not heard/ruled on below; appealed as abuse of discretion |
| 4. Clerk failed to provide required notices / copies under TRAP/TRCP | Clerk failed to send or produce records, local rules, and copies of filings, placing Goad at a disadvantage on appeal | County contends its service and record handling were adequate (not detailed in brief) | Record below lacked some requested materials per appellant; dispute presented on appeal |
Key Cases Cited
- Shaughnessy v. United States, 347 U.S. 260 (procedural‑due‑process principles cited by appellant)
- Ashcroft v. Iqbal, 129 S. Ct. 1937 (standards for pleading asserted by appellant)
- Brown v. Board of Education, 338 U.S. 204 (due‑process and fundamental fairness principles referenced)
- Levine v. United States, 362 U.S. 610 (appearance of justice / due‑process maxims cited)
- United States v. Stutino (7th Cir.), 521 F.2d 842 (appellant cites precedent on judicial disqualification and jurisdictional defects)
- Spradun v. Jim Walter Homes, Inc., 34 S.W.3d 578 (Tex. 2000) (Texas construction principles and statutory interpretation cited)
