REAL ESTATE IN MIDLOTHIAN

Do You Really Want To Live In Midlothian NOW !!!!!!

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BUYER BEWARE !!!!!!!!!!

YOU HAVE NO RIGHT TO SUE IF YOU LIVE IN MIDLOTHIAN !!!

DO YOU WANT TO BE SUED IF YOU SELL YOUR PROPERTY? !!!

TXI and Chaparral Steel have admitted before a court of law that they are (and have been) polluting our environment. In a brief to the court they state:

"Emissions have been continuous at TXI since the 1960's and at Chaparral Steel since the 1970's. They are a regular activity of the Plants themselves, which are by their very nature permanent as a matter of law." It is a permanent nuisance because conditions complained of were "constant, continuous, and likely to continue indefinitely. This includes fumes, odors, vapors, hazardous materials, and particulate matter.

I filed a lawsuit against TXI & Gerdau Ameristeel/Chaparral Steel. On Feb. 17, 2009 Judge Knize of Ellis County made a drastic decision that will (if not overturned by appeal) affect every one who owns, buys, or sells property in Midlothian.

Judge Knize ruled that if real estate owners in Midlothian have not owned their property when the latest industrial emissions began – in 1989 – they have no claim to real estate damages related to industrial emissions. The claim belongs to the previous property owner.

Unless the right to sue is transferred by deed or contract, new property owners in Midlothian after 1989 will have no claim to property damages related to industrial plant operations.

Additionally, while property owners prior to 1989 may have claim to their real estate being injured by emissions, they can not sue because the statute of limitations has run out.

Based on this court decision, if any one owning property in Midlothian finds their health has been damaged or property is polluted as a result of local industrial emissions, the will have no legal recourse in Ellis County.

Property owners, may, however, seek legal relief against real estate agents and the previous owners, if full disclosure of this issue does not take place before sale or transfer of property.

My lawsuit was dismissed by Judge Knize due to “lack of jurisdiction” only because we purchased our property before 1989 – and, since 1989 TXI allegedly did not have any NEW emissions -- expiration of statue of limitations was also added. Appeal of this decision is pending.

Basically the conclusion rendered by Judge Knize is that you have no recourse if your property is contaminated by emissions from these plants or if you or your families experience illnesses related to these plants. Everyone should be fully aware of the potential consequences of emissions from 3 cement plants and steel mill in Midlothian.

Legally any contract or deed executed in the sale of property in Midlothian should contain the clause that “assigns or transfers by deed or contract the right for the new owner to sue.” If not liability will fall upon the previous owners and possibly the realtors that have not disclosed what these plants emit.

Attached are links to TXI's Motion for Summary Judgement.
PROPERTY (Lack of Jurisdiction)
Statue of Limitations
Judgement by Judge Knize of Ellis County

Also I will be informing all real estate brokers that have homes & land for sale in Midlothian. This way they can not say they did not know about it.
Dear Realtor

This plaque is "PROUDLY" displayed in the Baylor Hospital in Waxahachie, TX. Most of the people in the area go to these doctors. Now you know "WHY" these doctors do not speak up. So do these Doctors really have the best interest in their patients or big business that make donations.