Harris County files suit to cash in on Volkswagen emissions test scandal ... and here is a copy of the complaint

Harris County loses no time and files suit against Volkswagen and Audi over their manipulation of vehicle emissions testing, alleging violations of Texas state law, and seeking monetary damages, but not injunctive relief. 
   

Apparently they were in such a hurry that the case, filed September 30, 2015 with the Harris County District Clerk and assigned to 234th District Court (Judge Wesley R. Ward), was erroneously classified as an appeal from a Texas Alcoholic Beverage Commission (TABC) decision. But the benefits of the County hiring multiple private lawfirms to help it go after the VW bonanza are already paying off, -- not in terms of spoils, but in terms diffusion of responsibility. No telling really who can take credit for the mistake. Multiple lawyers' names are on the pleading, four of whom signed the original petition (elsewhere called complaint). The County Attorney's signature appears on the top of the signature and address blocks (which is significant under Rule 8), but the Civil Case Information Sheet was filled out and signed by one of the private attorneys. At least it won't have any substantive effect on the lawsuit. Case type categories and case information sheets are merely for statistical reporting purposes. 

RULE 8 OF THE TEXAS RULES OF CIVIL PROCEDURE 

ORIGINAL PETITION BY HARRIS COUNTY, TEXAS

AGAINST VOLKSWAGEN GROUP OF AMERICA, INC. 

AND AUDI OF AMERICA, LLC  

VOL

New DA Chosen: Kenneth Magidson selection announced by Rick Perry's Office

Governor Rick Perry Names Kenneth Magidson to Replace Chuck Rosenthal as Harris County District Attorney

Text of March 14, 2008 press release follows:

AUSTIN – Gov. Rick Perry today named Kenneth Magidson of Houston as the Harris County district attorney to serve until the end of December 2008. Since 1983, Magidson has served as an assistant U.S. attorney in the Southern District of Texas.

"As a highly respected and accomplished assistant United States attorney, Ken has the experience and leadership skills to lead the Harris County District Attorney’s Office over the next nine months," said Gov. Perry. "After more than 20 years of prosecuting drug traffickers and money launderers at the federal level, and serving as an assistant district attorney in Harris County, his experience will ensure justice is dealt to those who threaten the safety and livelihood of Harris County residents."

Among his duties with the U.S. Department of Justice (DoJ), Magidson most recently served as the Organized Crime Drug Enforcement Task Force Regional Coordinator for the Southwest Region, working to target and prosecute drug trafficking and money-laundering organizations operating in Texas, Oklahoma, New Mexico, Arizona, and Central and Southern California federal judicial districts. He is also past chief of the Task Force Narcotics Division. From 1996-1997, Magidson was the director of the Task Force Executive Office in Washington, D.C. where he directed a range of management, financial and administrative functions.

Before his service with the DoJ, Magidson served as a Harris County assistant district attorney from 1977-1983. During his tenure, he served as the 177th District Court chief felony prosecutor where he was responsible for the prosecution of major felony crimes including cases involving capital murder, rape, kidnapping and theft.

Magidson received a bachelor’s degree from the University of Maryland and a law degree from South Texas College of Law.

Harris County Judge Emmett: DA Rosenthal News Conference

Jan. 9, 2007 - Houston Texas Harris County DA Affair Update

COUNTY JUDGE ED EMMETT SCHEDULES NEWS CONFERENCE TO DISCUSS HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE

WHO? Harris County Judge Ed Emmett
WHAT? - News Conference
WHEN? - 2 p.m., Wednesday, January 9, 2008
WHERE? - Fourth Floor Media Room Harris County Administration Building
1001 Preston Houston, TX 77002 Harris County, Texas

Text of media press release published via Internet:

Judge Ed Emmett will meet with the news media this afternoon to discuss the latest developments surrounding reports of possible wrongdoing at the Harris County District Attorney's Office. Emmett and other state and county leaders have been meeting throughout this morning to explore various options for responding to allegations of impropriety by Harris County District Attorney Chuck Rosenthal. Emmett will brief members onrecent decisions and applicable state laws regarding these allegations.

$70m to be raised for new Harris County Family Law Center

Harris County Commissioners seek voter approval for bonds

Harris County Commissioners Court places $880 million bond package on November 2007 ballot - Bond issues would not require property tax increase, according to press release.

August 21, 2007 - Harris County Commissioners Court agreed unanimously today to seek voter approval in November for a series of bond issues to improve county transportation, parks, infrastructure and Port of Houston facilities. Court members approved placing six bond proposals worth $880 million on the November 6, 2007, ballot. The bond issues would help pay for more parks, road construction, port expansion and other projects designed to expand the county's economy and enhance its livability and environment without spurring a tax increase.

"Voters right now are in no mood for a tax increase, and I have to agree with them on that," County Judge Ed Emmett said. "County policy has been, and continues to be, to maintain the current property tax rate." Commissioners Court voted 5-0 to place the following bond proposals on the November ballot:

Roads: $190 million
Parks: 95 million
Adult Detention: 195 million
Forensic Center: 80 million
Family Law Center: 70 million
---------------------------------------------------------
County Total: $630 million
Port of Houston: 250 million
----------------------------------------------------------
Total Election: $880 million

"The court's unanimous approval of these six propositions shows the importance that we all place on their passage," said Emmett. "The bond issues will allow Harris County to address growing traffic congestion, provide for more green space to assist with flood control and make needed improvements for our jails and courts."

Source: Press release - Joe Stinebaker, Communications Director

Harris County Commissioners Court proposes to issue bonds for new projects, including a new home for its system of specialized family district courts. Press release (pasted below) provides additional details:

COMMISSIONERS COURT TO CONSIDERSEEKING APPROVAL FOR $880 MILLION IN BONDS

Bond Proposal Would Include $250 Million For Port Harris County Commissioners Court will consider calling a county bond election for $880 million in roads, parks, facilities and port improvements when it meets Tuesday.

County Judge Ed Emmett said that, if passed, the bond proposals would not trigger a property tax increase and would appear as three propositions on the Nov. 6, 2007, ballot.

Although court members may still alter the final amounts, Emmett said the court is considering the following bond amounts: Roads $190 million, Parks 95 million, Adult Detention 195 million, Forensic Center 80 million, Family Law Center 70 million, -------------County Total $630 million, Port of Houston 250 million -------------Total Election $880 million

Because Harris County's economy is continuing its vigorous growth, Emmett said, county officials are confident these projects can be accomplished without increasing property tax rates."One of the prime reasons Harris County's economy continues to grow so strongly is because residents here realize the importance of investing in our economy," Emmett said. "We need to keep up with our transportation and economic needs if we want to continue enjoying the benefits of a strong economy."

Harris County Commissioners Court will consider the bond proposals when it meets at 10 a.m. on Tuesday, Aug. 21. Commissioners Court meetings are open to the public and are held in the Commissioners Courtroom on the ninth floor of the County Administration Building at 1001

Preston in downtown Houston. http://www.judgeemmett.org/pr.asp