Summary judgment dismisses case on subdivision

By Larry Tucker
editor@wood.cm
Posted 3/19/20

The defendants in the Brian Smale vs. Glen Thurman a/k/a Glen Thurman Builder, Inc. a/k/a Rose Hill Springs Development, LLC and Wood County Commissioners Court were awarded a summary judgment in the case Feb. 28.

This item is available in full to subscribers.

Please log in to continue

Log in

Summary judgment dismisses case on subdivision

Posted

The defendants in the Brian Smale vs. Glen Thurman a/k/a Glen Thurman Builder, Inc. a/k/a Rose Hill Springs Development, LLC and Wood County Commissioners Court were awarded a summary judgment in the case Feb. 28.

Judge Lauren Parrish made the ruling in the 402nd District Court. According to the court summary, the defendants were entitled to a summary judgment because the plaintiff (Smale) did not present any evidence to raise a genuine issue of material fact that Glenn Thurman is liable for the alleged causes of action asserted by Smale.

A summary judgment is a court order ruling that no factual issues remain to be tried and therefore a cause or all causes of action in a complaint can be decided upon certain facts without a trial. A summary judgment is based upon a motion by one of the parties that contends all necessary factual issues are settled or so one-sided they need not be tried. 

This saga began last August when Smale was denied a restraining order and temporary injunction by Judge Jeff Fletcher to stop plans to begin work on the Rose Hill Springs Subdivision north of Mineola on CR 2460.

County commissioners voted unanimously June 28 to approve the subdivision on a motion by Prec. 2 Commissioner Jerry Gaskill and second by Prec. 1 Commissioner Virgil Holland. Smale contended there were no drainage calculation plans.