ORDER N0. 18103
KERB COUNTY TO RETAIN THE PROFESSIONAL SERVICES OF GARY
E. KERSEY TO REPRESENT THE COUNTY IN A CIVIL SUIT FILED
IN THE 216th DISTRICT COURT, CAUSE No. 88-190~-'A
On this the 12th day of September 1988, upon motion made
by Commissioner Holland, seconded by Commissioner Ray, with
Commissioners Holland, Ray and Lich and County Judge Edwards
voting "AYE" and Commissioner Baldwin "ABSTAINING FROM VOTING",
said motion carrying by a majority vote, it was approved that
Kerr County retain the Professional Services of GARY E. KERSEY,
at a fee of $37.50 per hour, to represent the County in a
Civil Suit filed in the 216th District Court of Kerr County,
Cause No. 88-190°A.
COMMISSIONERS' COURT MEETING AGENDA REQUEST
** PLEASE FURNISH ONE ORIGINAL AND SIX COPIE5 OF TNIS REQUEST AND ANY DOCUMENTS TO BE
REVIEWED BY THE COURT.
• MADE B Y : JUDGE ED~VARDS OFFICE :COUNTY JUDGE
MEETING DATE: SEFT. I2, 19$$ 1IME PREFERRED: A.M. OR P,M.
..rte ..~..~..y.r r. ro r r r r~~..~r
SUBJECT: (PLEASE BE SPECiFiC) •
AN ATTORNEY FOR COUNTY •LITIGATION.
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER: NAME OF EMPLOYEE
NAME OF PERSON ADDRESSING THE COURT:
THE TIME FOR SUBMITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS POSTED
IN ACCBROAMCE WITH ARTICLE b252-17 IS AS FOLLOWS:
~ * MEETINGS HELD ON SECOND MONDAY OF THE MONTN: 5:00 P, M. PREVIOUS WEDNESDAY
* MEETINGS HELD 0•N OTHER DAYS: 5:00 P. M. FOUR WORK DAYS BEFORE MEETING DATE
IF PREFERABLE, AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE ABOVE INFORMA
ATTACHED.
THIS REQUEST RECEIVED BY
T 1# I S REQUEST R E C E I V E O O N: ~ .._..__..r.rr~_Q~:~..,•_~ P. M.
.~
.,
,I All AGENDA REQUESTSWIII BE SCREENED BY THE COUNTY JUDGE'S OFFICE t0 DETERMINE IF
ADEQUATE INFORMATION HAS BEEN PREPARED FOR THE COURT'S FORMAL CONSIDERATION AND
ACTION AT TIME OF COURT MEETINGS. YOUR COOPERATION Wlll BE APPRECIATED AND CON-
TRIBUTE TOWARDS YOUR REQUEST BEING ADDRESSED AT 1NE EARLIEST OPPORTUNITY.
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~~iee o~ T~te ~oun ~~4orne
Kerr Count~-
Ga,~- E. KersC,
Count~- AttorneJ
Robert A. Denson
Asst. Cvunt~ Attornc~
Da~~d M. Motley
A$et. Count~- Attorne~-
September 6, 1988
323 Earl Garrett, Suite B
Kerr~lle, Tezds
(511 896.5338
Honorable Danny R. Edwarcls
County Judge
Kerr County Courthouse .~
700 Main Street
Kerrville, Texas 78fl26
Re: Anthony Kouzounis vs. Kerr Central Appraisal District,
Kerr County Appraisal Review Board, Kerr County, et al;
No. 88-190-A; 216th Judicial District Court, Kerr
County, Texas
,~ Dear Judge Edwards:
Enclosed herewith please find the original service of
citation and copy of Original Petition delivered to me by Pat Dye
through the Sheriff's Department.
As the Kerr County Attorney's Office does not represent any
of the entities ar defendants being sued, I strongly suggest that
Kerr County and the other defendants act immediately in retaining
counsel to represent them in this matter.
Please understand clearly that the Kerr County Attorney's
office does not represent any of the entities named as
defendants, and will not be filing an answer nor acting with
regard to this litigation.
Very truly yours,
GEK/sara
Enclosures as stated
cc: Kerr Central Appraisal District
320 West Water Street
Kerrville, Texas 78028
E. ERSE
County ttorney
Honorable Danny R. Edwards
.September 6, 1988 '
Page Two
cc: Kerr County Appraisal Review Board
320 West Water Street
Kerrville, Texas 78028
Mrs. Pat Dye
County Clerk
Kerr County Courthouse
Kerrville, Texas 78028
Kerrville Independent School District ,~
1009 Barnett
Kerrville, Texas 78028
Upper Guadalupe River Authority
215 West Water Street
Kerrville, Texas 78028
Flood Control and Lateral Road Commission
215 West Water Street
~ Kerrville, Texas 78028
w
• ,
(Citation by personal service
CITATION

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NOTICE:. "YOU HAVE BEEN SUED. YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT
FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A.M, ON THE MONDAY
NEXT Ff.I~.LOWING THE EXPIRATION OF~TWENTY DAYS AFTER YOU WERE SERVED THIS CITATION AND PETITION,
A DEFAULT JUDGMENT MA's BE TAKEN AGAINST YOU"
You are hereby commanded to appear before the ?~~f~h District Court of Kerr
County, Texas, to be held at the courthouse of said County in the City of Kerrville, Texas,
by filing a written answer to the Plaintiff's ~ririn~l Petition at or before 10:00
o'clock A.M, of the Monday next after the expiration of 0 days after the date of service
hereof, a copy of which accompanies this citation,
in Cause No. ~(~-~ ~arrp~ and Styled:
~~ "f1T~ ~n~~v '.f~f~~ i~r}i +~~ ~ ~
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~'E"~~~ rF~"T"~L ~~1G~~~~ ~ ~"l_ €~I~T KE~'~? Cn ~Fp~n~c ~ ~~ - ~.r ~~ ~n ~ rR ~'~ ~-~n~l~~~ intiff
US. ~~~'~'. SCF'n~~. DTST~'rCT, !-~'I'F~ ~~'P.~'~~ ~.'~'r ~I~'F P ~~~T~C~RIT~, t!~~'^ ~'~ r,.~~ CC~~'T~'~~. L~T~'~'~~I. i'~~`°~
~/`; •~A ~C n~1
Defendant

Petition was filed in said Court on al day of
The name and address of the attorney for Plaintiff,
~u~ust ~ 19~~"
or the address of Plaintiff is:
Fran. ,^ar~~artonis, 3?~~ !~', P~labama, Ste ~7f~,~Houston,~TeXas i~='~~'~
The Officer executing this writ shall promptly serve the same according to requirements of
law, and the mandates thereof, and make due return as the law directs.
ISSUED AND GIVEN UNDER MY HAND AND SEAL of said court at Kerrville, Texas, this ~~
day of ~u~~~st 19 ~~ ~ ATTEST: .
______
Address of C1 erk:
207 Courthouse
Kerrville, Texas 78028
512/257-SS93Y ~~'~ ?~~~
L I~JDA DECKER District ~~~~~ F ~~ ~' 1~
~ ~T~" ,....*~f~rf
Kerr County, Texas ~ .~~'~ ~}., ~{.
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By ~ ~~ ~ ~r1 ~ r ~ ~~ ~ ~-~ i ; , ~.~ ~~ ~ ~: `;
depy ~ -~ . : ;
OFFICER S RlE1fURN ~ - . ~ ~. }
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Came to hand on the day of ~ 4 ., 19 ,~', at ~', `/ o'clock ~r ~`•, and ,.~' ~.~
Executed at ,~ ~;~ ~,~,, ~.~, ,; w~ the he Count of r i , at - ,t ~, ~ o `c~ ~~f:.~M ~ n
y ~ 1 z } r ~t~
the .l'~i~a o ~ ~ ~ ~r{ ~ ~ ~ ~ ~ 19 ~~ ~" , b d'e iveri n to the within name 4- '~ .
in person, a true copy of this citation together with the accompanying copy of the Petition,
having first attached such copy of such petition to the copy of citation and endorsed on
the copy of citation the date of delivery.
NOT executed, the diligence used to execute being
for the following reason
the defendant may be found
Fee for serving citation: $ TO CERTIFY WHICH WITNESS MY HAND OFFICIALLY,
CL FF CRFESO~~, ,HERIFF
KERR COUNTY COURTHOUSE Sheri ff/'Constdbi e
County, Texas By ~ ,~,j~ ~ i .~ ~~ ~~ ~ ~` ~ Deputy
RETURNED AND FILED this the day of 19 at o'clock _ M
LINDA DECKER, District Clerk, Kerr County, Texas, by Deputy

ANTHONY KOUZOUNIS
vs,
No. ~8-! 40.x.
• IN THE DISTRICT COURT OF
KERR CENTRAL APPRAISAL DISTRICT,
KERR COUNTY APPRAISAL REVIEW
BOARD, KERR COUNTY, KERRVILLE
INDEPENDENT SCHOOL DISTRICT,
UPPER GUADALUPE RIVER AUTHORITY,
and FLOOD CONTROL LATERAL
ROAD COMMISSION
• KERR COUNTY, TEXAS
• JUDICIAL DISTRICT
FLAINTIFF'S ORIGINAL PETITION FOR
REVIEW OF APPRAISAL REVIEW BOARD ORDER
ti
TO THE HONORABLE JUDGE OF SAID COURT:
ANTHONY KOUZOUNIS, Plaintiff, complains of KERR CENTRAL APPRAISAL
DISTRICT, KERR COUNTY APPRAISAL REVIEW BOARD, KERR COUNTY, KERRVILLE
INDEPENDENT SCHOOL DISTRICT, UPPER GUADALUPE RIVER AUTHORITY, and
FLOOD CONTROL and LATERAL ROAD COMMISSION, Defendants, and for cause of action
shows: ~.
~, I. '
Plaintiff is and has been at all times pertaining to this petition the owner of real
property located in Kerr County, Texas, that is the subject of this suit, and described as:
TURTLE CREEK RCHS. LOT 192, ACRES 11.82 -Property ID R39378
TURTLE CREEK RCHS. LOT 193, ACRES 12.8 -Property ID R39379
TURTLE CREEK RCHS. LOT 194, ACRES 12 -Property ID R39380
II.
Defendants are:
KERR CENTRAL APPRAISAL DISTRICT, duly organized and acting pursuant to the
laws of Texas, upon whom service may be had by serving Juanita Maples, Chief Appraiser, or
the person in charge of business records, at 320 West Water Street, Kerrville, Kerr County,
Texas 78029; -
KERR COUNTY APPRAISAL REVIEW BOARD, located in Kerr County, Texas, duly
organized and ae ling pursuant to the laws of Texas, upon whom service may be had by
serving its Chairman, R. B. Gunter, or the person in charge of business records, at 320 West
Water Street, Kerrville, Kerr County, Texas 78029;

COUNTY OF KERR, duly organized and acting pursuant to the laws of Texas, upon
whom service may be had by serving its County Clerk, Patricia Dye, or the person in charge
o-f business records, ~at ?00 Main, Kerrville, Kerr County, Texas ?8028;
KERRVILLE INDEPENDENT SCHOOL DISTRICT, duly organized and acting pursuant
to the laws of Texas, upon whom service may be had by serving its Superintendent, or the
person in charge of business records, at 1009 Barnett, Kerville, Kecr County, Texas;
UPPER OIJA~ALUPE RIVER AUTHORITY, duly organized and acting pursuant to the
laws of Texas, upon whom service may be had by serving the person in charge of business
records, at 215 West Water Street, Kerville, Kerr County, Texas;
FLOOD CONTROL and LATERAL ROAD COMMISSION, duly organized and acting
pursuant to the laws of Texas, upon whom service may be had by serving the person in
charge of business records, at 215 West Water Street, Kerville, Kerr County,Texas;
III,
Plaintiff purchased the within described property in 1983 for a fair market value of
approximately $900.00 per acre.
IV,
In 1984, Plaintiff was notified that the valuation of the above described property would
~' be as follows:
TURTLE CREEK RCHS, LOT 192, ACRES 11.82 -Property ID R39378 - $11,820,00
TURTLE CREEK RCHS. LOT 193, ACRES 12,8 -Property ID R39379 - $12,750.00
Tt~RTLE CREEK RCHS. LOT 194, ACRES 12 -Property ID R39380 - $12,000.00
v. ,
For the years 1985,1986 and 198?, Plaintiff was notified that the valuation of the above
described property would be as follows:
TURTLE CREEK RCHS, LOT 192, ACRES ll.82 -Property ID R39378 - $14,180,00
TURTLE CREEK RCHS. LOT 193, ACRES 12.8 -Property TD R39379 - $15,360.00
TURTLE CREEK RCHS, LOT 194, ACRES 12 -Property ID R39380 - $14,400.00
VI.
For 1988, Plaintiff was notified that the valuation of the above described property
would be as follows:
TURTLE CREEK RCHS. LOT 192, ACRES 11.82 -Property ID R39378 - $14,180.00
TURTLE CREEK RCHS. LOT 193, ACP~ES 12,8 -Property ID R39379 - $15,360.00
TURTLE CREEK RCHS. LOT 194, ACRES 12 -Property ID R39380 - $24,000.00

VII. ,
All conditions precedent to Plaintiff's right of judicial review of the boards decision
having been performed or having occurred, Plaintiff is entitled to a trial de novo review of
the baardts order.
VIII.
There are no minerals, utilities, septic system, improvements, or roads located on the
within described property. Although the valuation of Lot 194 was increased by
approximately $10,000.00, virtually all of this land consists of ravines and is unuseable.
Plaintiff derives no income from any of the the within described property, There was no
com rable increase in the valuation of adjoining property although most of the adjoining
property has improvements located thereon and consists of land more useable than
Plaintiff's land which is the subject of this suit. Plaintiff appealed the valuation in 1985 and
1988, and on each occasion his appeal was denied.
IX.
The current fair market value of Plaintiff's property as described herein is as follows:
TURTLE CREEK RCHS. LOT 192, ACRES 11.82 -Property ID 839378 - $10,638.00
TURTLE CREEK RCHS. LOT 193, ACRES 12.8 -,Property ID 839379 - $11,520.00
TURTLE GREEK RCHS. LOT 194, ACRES 12 -Property ID 839380 - $10,800.00
X. '
The levying of a tax on Plaintiff's property based on a higher valuation is an unlawful
levy, creates an illegal lien on Plaintiff's property, and is a cloud on the title.
WHEREFORE, Plaintiff requests that the Defendants be cited to appear and answer,
and that on f final trial the Court render judgment:
1. Fixing the value of Plaintiff's property as of January 1,1988, as follows:
TURTLE CREEK RCHS. LOT 192, ACRES 11.82 -Property ID 839378 - $10,638.00
TURTLE CREEK RCHS. LOT 193, ACRES 12.8 -Property ID 839379 - $11,520.00
TURTLE CREEK RCHS. LOT 194, ACRES 12 -Property ID 83'9380 - $10,800.00
2. Compelling imposition of the proper assessed value of Plaintiffs property,
4
correction of the tax rolls to sho~v the proper assessed value of the Plain ti f t"s property, and
acceptance attd receipt of taxes due for the year 1988, based on application of the approved
tax rates to the proper assessment.
3. Awarding Plaintiff all costs incurred, reasonable attorneyts fees, and all other relief
to which Plaintif f may be entitled.
' R ec fu y s mitted,
Fft NK M A ONIS
Attorney for Plaintiff
3355 West Alabama (Suite #970)
Houston, Texas 77098
(?13) 623-0900
Bar No. 12986700

THE STATE QF TEXAS
COUNTY OF HARRIS
BEFaRE ME, the undersigned Notary Fabric, on this day personally appeared
ANTHQNY KQUZQUNIS, who, being by me duly sworn on his oath deposed and said that they
he is the plain ti f f in the above entitled cause; that he has read the above and f aregoing
original petition for review of appraisal review • board order, and that every statement
contained therein is within his personal knowledge true and orrect.
A T Y KOUZ4
-...
SUB CRIBED AND SWQRN T4 BEFQRE ME on the ~ day of
,1988, to certify which witness my hand and official 1.
c
Mariann Lihou
Notary Public -State of Texas
My Commission Expires: 3/II/89
s ,'
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t !R„~Y~ j r
~~ice o~ ~~e Cogan ~44o~ne
,~
Kerr Count~-
Gar~+ E. Kcrse~-
Count Attorne~-
Ro~iert A. ~en~on
Aeet. Count AttorneJ
Matt6eK W. Paul July 2 5 , 19 8 8
Aaet. Count Attorne~-
Complete Equity Markets, Inc.
1098 South Milwaukee Avenue
Suite 200
Wheeling, IL 60090
Attention: Michael Powell
704 Je~ereon St., Suite B
Kerrvi~~e, Teaae
~511~ 896.5338
Re: Malpractice Insurance for County Attorney's
Office
Gentlemen:
. Enclosed please find your NDAA insurance premium quotations
with regard to Policy Number CEM 701, Endorsement No. 9971, with
the coverages desired by the County Attorney's Office indicated
thereon for a six month period only.
Also enclosed is a check in the amount of $1,746.17 to cover
costs of said six month period coverage. Please forward a copy
of the policy issued for the Kerr County Attorney's office at
your earliest convenience,
GEK/sara
Enclosures as stated
Sincerely yours,
-~ GARY KERSEY
Count Attorney
~ 7r~~~
NDAA LAWYERS PROFF~55IONAL LIABILITY INSURANCE
PREMIUM QUOTATIONS
DATE: dune 9 1988 POLICY NO. CEM 701
r
DATE OF EXPIRATION: August 1, 1988
ENDORSEI!~,NT NO. 9971
ATTENTION:
Mr. Gary E. Kersey, County Attorney
Kerr County Attorney's Office
323 Earl Garrett
Kerrville, TX 78028
RE: NDAA INSURANCE PREMIUM QUOTATIONS
Dear Prosecutor:
Based upon the information provided in your insurance application, the following are
premium quotations based on various limits of liability. For your review Attachment
"A" briefly describes all coverages. Please indicate the coverages desired by
checking off the appropriate sections, signing this form where requested and
returning the form along with your PREMIUM PAYI~NT.
PLEASE NOTE: Whichever option is chosen, these coverages are
included in Coverage A - Lawyers Professional Liability Coverage,
at these standard limits:
Professional Liability:
(Including Notary Public Professional Liability)
(Limits at option chosen)
Personal Injury Liability:
(Limits at option chosen}
Disciplinary Proceedings Costs (cost of defense only):
($5,000 limit per claim}
($500 deductible per claim
OPTION I - STANDAI~ LIMITS
A1. Professional Liabilit Covers e:
$100,000/$300,000 limits ($1,250 deductible per claim)
including
A2, Personal In'ur Liabilit Covers e:
--~ . Y
100,000 300,000 1im~ts (1,250 deductible per clam)
and
A3. Disciplinary Proceedings Costs cost of defense only):
$5,000 limit per claim ($500 deductible per claim)
C. Criminal Defense Covers e (cost of defense only):
$50,000/$50,000 limits ($500 deductible per claim)
PREMIUM
$ 2,085 [ ]
$ 240 [ ~
Qi ~v. o6/ss
Eff. 06/88
Page 2
OPTION II -- $1,000,000 LIMITS
A1. Professional Liabilit Covera e:
$1,000,000 1,000,000 limits ($1,250 deductible per claim)
including
A2. Personal Injury L.~~ Covera e:
$1,000,000%$1,000,000 limits ($1,250 deductible per claim}
and
A3. Disci linar*y Proceedin s Costs (cost of defense only):
unit per claim (500 deductible per claim)
C. Criminal Defense Covera e (cost of defense only)
$50,000/$50,000 limits ($500 deductible per claim)
OPTION III - $2,000,000 LIMITS
A1. Professional Liabilit Covera~ce`
$2,000,000 $2,000,000 limits ($1,250 deductible per claim)
including
A2. Personal Ind Liability Covera e:
$2,000,000/$2,000,000 limits ($1,250 deductible per claim}
and
A3. Disci lina~ Proceedings Costs (cost of defense only)
`~5', unit per c aun ~~i~i deductible per claim)
C. Criminal Defense Coverage (cost of defense only):
$50,000/$50,000 limits ($500 deductible per claim)
PREMIUM
$ 3, 023 [
$ 240 [
PREMIUM
$ S, 063.71 ~
l
S 2~0 [ l
EMPL(JYER D~iSE CaVERAGE -will provide costs of defense arising out of any suit or
administrative proceeding brought by or on behalf of an employee, ,..former employee or
applicant for employment which arises from the employment, hiring, failure to hire,
discharge or termination of employment.
Limits ~ $50,000 per occurrence/$50,000 aggregate
Deductible - $500 per claim
Coinsurance - 80/20. The insurer's obligation is 80 percent of the defense
costs and the remaining 20 percent is the obligation of the insured, up to the
stated limit of liability.
ADDITIONAL PREMIUM
$ 300
[ ] we have enclosed additional premium for the employer Defense Coverage.
J We do not want employer Defense Coverage.
Qi x~~. o6/ss
Eff. 06/88
Page 3
COST DEFENSE CdVERAGE -Will provide costs of defense arising out of contempt
roceedings first initiated against the Assured during the policy period which result
p
from any act, error, or omission in professional services rendered or which should
have been rendered in the Assured's professional capacity as a lawyer while acting in
the scope of office of Prosecuting Attorney.
Limits -- $25,000 per occurrence/$25,000 aggregate
Deductible - $500 per claim
Coinsurance - 80/20. The insurer's obligation is 80 percent of the defense
costs and the remaining 20 percent is the obligation of the insured, up to the
stated limit of liability.
ADDITIONAL PRF~MIUM $ 195 C ]
f ] We have enclosed additional premium for Contempt Defense Coverage.
[ ] We do not want Contempt Defense Coverage.
PUNITIVE DAMAGE COVERAGE
Limits - $50,000 per occurrence/$50,000 aggregate
Deductible - $500.00 per claim [if claim seeks punitive or exemplary damages only).
If claim seeks compensatory and punitive or exemplary damages, then the
applicable deductible amount as stated on the declaration page of the policy
shall apply.
ADDITIONAL PREMIUM $ 225
[ ] We want .punitive damages coverage and have enclosed additional
premium.
[ ] We do not want punitive damages coverage.
~ r~sr c~oNmr~ ~ ~own~c ~a~ n~ o~ ~o /pv~se its ro~cY:
The NDAA Lawyers Professional Liability Insurance Policy is underwritten by three
separate insurance carriers -- Underwriters at.Lloyd's, London [80~}, 5t. Katherine's
(5~) and the Illinois Insurance Exchange (15~} . St. Katherine's participation is
subject to Illinois Surplus Lines tax.
In order to comply with payment of the Surplus Lines Tax, we require you to complete
this section and remit full premium payment AND the Surplus Lines Tax as computed
below.
A. Insert total premium for all.options chosen --------------- $ ~ ~ ,.
a
B. Multi 1 remium amount in A above by .00155 and insert -- $ ~~
pYp
C. A ~ ~ and remlt total In C ^••r~rr.~~.rr-~~rr~.rr.r-.rw~~~rwrrrr~r $
' ~~
Q1 ~~. o6/ss
Eff. 06/88
Page 4
4
PLT~SE 1~10-]~3:
Please indicate total amount paid $
Please complete and return this form together with PREMIUM PAYN~NT to the following nn
later than July 29, 1988:
NDAA Insurance Services Off ice
c% complete Equity Markets, Inc.
1098 S. Milwaukee Avenue
wheeling, IL 60090
Attention: Michael J. Powe 11
Phone (312} 541-09~,or X800} 323-6234
L ~ ~~ l/
Date ores ed ~ Name of pars completing for
(Sign here d type name below)
NATIONAL DISTRICT ATTO~~EYS ASSOCIATION
PLI~ASE STAPLE CI~EcK (5}HERE
Q1 Rev. 06/88
Eff. 06/88