NO. 01-15-00523-CV

In the Court of Appeals

For the First District of Texas

at Houston, Texas

GLENN BECKENDORFF, IN HIS OFFICIAL CAPACITY AS WALLER

COUNTY JUDGE, FRANK POKLUDA, IN HIS OFFICIAL CAPACITY AS

WALLER COUNTY PRECINCT TWO COMMISSIONER, 

and STAN KITZMAN, IN HIS OFFICIAL CAPACITY AS WALLER

COUNTY PRECINCT FOUR COMMISSIONER,

Appellants,

v.

CITY OF HEMPSTEAD, TEXAS and CITIZENS AGAINST THE 

LANDFILL IN HEMPSTEAD and PINTAIL LANDFILL, INC., 

Appellees

On Appeal from the 506 Judicial District Court th

of Waller County, Texas

Trial Court Cause No. 13-03-21872

RESPONSE TO MOTION TO SHOW AUTHORITY 

TO THE HONORABLE FIRST COURT OF APPEALS:

NOW COME Appellants, Glenn Beckendorff, in his official capacity as

Waller County Judge, Frank Pokluda, in his official capacity as Waller County

Precinct Two Commissioner, and Stan Kitzman, in his official capacity as

Waller County Precinct Four Commissioner and file the following Response

to Appellee City of Hempstead’s Motion to Show Authority.

ACCEPTED

01-15-00523-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

6/29/2015 5:08:58 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/29/2015 5:08:58 PM CHRISTOPHER A. PRINE Clerk
2

Appellee, the City of Hempstead, has filed a Motion to Show Authority

and challenged the representation of Elton Mathis, and against representation

by the undersigned.

However, the affidavits attached hereto prove that Elton Mathis began

this suit by taking the position he had a conflict of interest for the

representation of the City of Hempstead. Therefore, the individual Judges of

Waller County and Waller County itself then sought representation by other

firms, including the firm of Allison Bass.

After, three of the individual Directors of Waller County either did not

seek re-election or were not successful in their re-election attempts. Such

occurred on or about January 1, 2015. At such time the Allison Bass firm told

the individual Waller County Judges they would not be represented.

Therefore, the only way that the individual Waller County Judges could

receive legal representation was to hire their own representation. 

WHEREFORE, Appellants respectfully request that Appellee City of

Hempstead’s Motion to Show Authority be denied.
3

Dated: June 29, 2015 Respectfully submitted,

By: /s/ David A. Carp 

 David A. Carp

TBN: 03836500

Herzog & Carp

 427 Mason Park Boulevard

 Katy, Texas 77450

 713.781.7500 Phone

 713.781.4797 Fax

dcarp@hcmlegal.com

Attorneys for Appellants
4

CERTIFICATE OF SERVICE

I hereby certify that on June 29, 2015 a true and correct copy of the

foregoing Response to Motion to Show Authority was e-filed with the clerk of

the First Court of Appeals and delivered via e-filing / e-service to the following:

Eric Farrar, Esq. Brent W. Rayn,Esq.

Olson & Olson, LLP McElroy, Sullivan, Miller,

Wortham Tower, Suite 600 Weber & Olmstead, LLP

2727 Allen Parkway P.O. Box 12127

Houston, Texas 77019 Austin, TX 78711

efarrar@olsonllp.com bryan@msmtx.com

Attorneys for City of Hempstead

Michael S. Truesdale, Esq.

Elton R. Matrhis, Jr., Esq. Law Office of Michael Truesdale

Waller County District Attorney 801 West Avenue, Suite 201

645 12 Street Austin, TX 78701 th

Hempstead, TX 77445 mike@truesdalelaw.com

e.mathis@wallercounty.us

Attorney for Waller County Attorneys for Pintail Landfill

Terry L. Scarborough

Michael L. Woodward

V. Blayre Pena

Hance Scarborough, LLP

400 W 15 #950 th

Austin, Texas 78701

tscarborough@hslawmail.com

bpena@hslawmail.com

and
5

Carol A. Chaney

Law Office of Carol A. Chaney

820 13 Street th

P.O. Box 966

Hempstead, Texas 77445

carol.chaney@thechaneyfirmlnet

Attorneys for Citizens Against the Landfill

in Hempstead

 /s/ David A. Carp 

David A. Carp
NO. 01-15-00523-CV 

In the Court of Appeals 

For the First District of Texas 

at Houston, Texas 

GLENN BECKENDORFF, IN HIS OFFICIAL CAPACITY AS WALLER 

COUNTY JUDGE, FRANK POKLUDA, IN HIS OFFICIAL CAPACITY AS 

WALLER COUNTY PRECINCT TWO COMMISSIONER, and STAN 

KITZMAN, IN HIS OFFICIAL CAPACITY AS WALLER COUNTY 

PRECINCT FOUR COMMISSIONER, 

Appellants, 

v. 

CITY OF HEMPSTEAD, TEXAS and CITIZENS AGAINST THE 

LANDFILL IN HEMPSTEAD and PINTAIL LANDFILL, INC., 

Appellees 

On Appeal from the 5061

h Judicial District Court 

of Waller County, Texas 

Trial Court Cause No. 13-03-21872 

STATE OF TEXAS ) 

) 

COUNTY OF HARRIS ) 

AFFIDAVIT 

BEFORE ME, the undersigned authority, on this day personally 

appeared Floyd Glenn Beckendorff, a person whose identity is known to me, 

who upon his oath first administered by me, stated the following: 

1 
1. My name is Floyd Glenn Beckendorff. tam over 21 years of age 

and am otherwise fully capable of making this affidavit. I have personal 

knowledge of the facts stated in this affidavit, and they are true and correct. 

2. I was County Judge of Waller County at all times relevant to this 

lawsuit except after December 31, 2014 when I was no longer in office. 

3. It was my understanding that I was no longer going to be a party 

to the lawsuit after December 31, 2014 because I was no longer an elected 

official. Further, it was not necessary that I participate. It was the office of 

Judge of the County that was being sued--not the individual. 

4. I further understood that I did not and would not have 

representation through counsel retained by the county after December 31, 

2014. 

5. Ever since the verdict was rendered, I had intended to consider 

an appeal if one was available or necessary. 

6. After a review by David Carp of the Court's file on March 11, 

2015, I found out through David Carp about the alleged "Agreed Final 

Judgment." 

7. I was not a part of any negotiations directed to an agreed final 

judgment of which I would be a part of or affected by. 

2 
8. The failure to file the Notice of Appeal by March 23rd was not 

deliberate or intentional but was the result of inadvertence, mistake or 

mischance due to whether I was represented by counsel, whether I was a 

party to the suit and what I consider failure to receive notice of the 

negotiations regarding the "Agreed Final Judgment." 

FURTHER AFFIANT SAYETH NAUGHT. 

FIYd ~ Glenn 

JiLM 

BeckendOfff IL ~ 

SUBSCRIBED AND SWORN TO BEFORE ME on this 29th day of 

June, 2015 to certify which witness my hand and seal of office. 

ANN JACOBS 

MY COMMISSION EXPIRES 

~1 ,2016 

3 

Notary Public in 

State of Texas 

\ 
NO. 01-15-00523-CV 

In the Court of Appeals 

For the First District of Texas 

at Houston, Texas 

GLENN BECKENDORFF, IN HIS OFFICIAL CAPACITY AS WALLER 

COUNTY JUDGE, FRANK POKLUDA, IN HIS OFFICIAL CAPACITY AS 

WALLER COUNTY PRECINCT TWO COMMISSIONER, and STAN 

KITZMAN, IN HIS OFFICIAL CAPACITY AS WALLER COUNTY 

PRECINCT FOUR COMMISSIONER, 

Appellants, 

v. 

CITY OF HEMPSTEAD, TEXAS and CITIZENS AGAINST THE 

LANDFILL IN HEMPSTEAD and PINTAIL LANDFILL, INC., 

Appellees 

On Appeal from the 5061

h Judicial District Court 

of Waller County, Texas 

Trial Court Cause No. 13-03-21872 

STATE OF TEXAS ) 

) 

COUNTY OF HARRIS ) 

AFFIDAVIT 

BEFORE ME, the undersigned authority, on this day personally 

appeared Stan Kitzman, a person whose identity is known to me, who upon 

his oath first administered by me, stated the following: 

1 
1. My name is Stan Kitzman. I am over 21 years of age and am 

otherwise fully capable of making this affidavit. I have personal knowledge of 

the facts stated in this affidavit, and they are true and correct. 

2. I was Waller County Precinct Four Commissioner at all times 

relevant to this lawsuit except after December 31, 2014 when I did not seek 

re-election and was no longer in office. 

3. It was my understanding that I was no longer going to be a party 

to the lawsuit after December 31, 2014 because I was no longer an elected 

official. Further, it was not necessary that I participate. It was the office of 

Commissioner- Precinct Four that was being sued--not the individual. 

4. I further understood that I did not and would not have 

representation through counsel retained by the county after December 31, 

2014. 

5. Ever since the verdict was rendered, I had intended to consider 

an appeal if one was available or necessary. 

6. After a review by David Carp of the Court's file on March 11, 

2015, I found out through David Carp about the alleged "Agreed Final 

Judgment." 

2 
7. I was not a part of any negotiations directed to an agreed final 

judgment of which I would be a part of or affected by. 

8. The failure to file the Notice of Appeal by March 23rd was not 

deliberate or intentional but was the result of inadvertence, mistake or 

mischance due to whether I was represented by counsel, whether I was a 

party to the suit and what I consider failure to receive notice of the 

negotiations regarding the "Agreed Final Judgment." 

FURTHER AFFIANT SAYETH NAUGHT. 

s -

SUBSCRIBED AND SWORN TO BEFORE ME on this 29th day of 

June, 2015 to certify which witness my hand and seal of office. 

ANN JACOBs 

MY COMMISSION EXPIRES 

~17,2016 

3 

Notary P lie in and for the 

State of Texas