Revised Legal Statement_STC_1.3.17

By | January 4, 2017

TO WHOM IT MAY CONCERN

Re: Cause No. 2012-20396; 1620 Hawthorne Ltd. vs. Montrose Management District; In the 333rd Judicial District Court of Harris County, Texas (the “Lawsuit”)

Thank you for your inquiry regarding the status of the lawsuit that remains pending between 1620 Hawthorne Ltd. and the Montrose Management District Board of Directors.

In response to your inquiry, please be advised that:

  • The Lawsuit remains pending and is not yet resolved.
  • On November 28, 2016, the trial court signed an order in the Lawsuit (the “Judgment”).
  • On December 30, 2016, that Judgment was set aside by the trial court, while not dismissing the case.
  • Any ruling by the trial court remains subject to an appeal to the Fourteenth Texas Court of Appeals – the court that earlier reversed a previous ruling by the trial court. Unless and until the trial court issues a final judgment that orders a refund of any assessments, which will not occur until after all additional activities in the trial court have taken place, and after any appeal has been concluded, the District will have no obligation to refund any assessments collected.

Thank you for your interest in the District.

District provided services such as safety patrols by off-duty HPD officers, graffiti abatement, trash pick-up, maintenance of esplanades, among other services outlined in the Districts’ Assessment Plan, that are supplemental to services provided by the City of Houston, had been reduced in Mid-November and ceased completely as of December 11. The District had to cease the services due to unpaid assessments from some of the commercial property owners within the District. Delinquent assessments for 2016 and prior years are being collected for services that were delivered in 2017. The current lawsuit status does not affect the collection of delinquent assessments due for 2016 and prior years for services rendered for calendar year 2017. Please direct questions regarding the cessation of services to Executive Director, Ben Brewer at BBrewer@MontroseDistrict.org. We are committed to helping our neighborhood remain the safe, vibrant and attractive place to live and do business and would like to hear from you on how we can continue to work together in this effort.