Update: No damages awarded in The Cliffs trial
Friday, May 3, brought the trial surrounding The Cliffs to a close after 29th District Court Judge Mike Moore made his rulings in the Palo Pinto County Courthouse. Moore delivered take nothing judgements on all punitive charges against Double Diamond and the defendants of the case.
The day began with closing arguments and the plaintiffs spoke first. Mack Ed Swindle and Prichard Bevis. of the Fort Worth firm Whitaker Chalk Swindle & Schwartz, told Moore this case begins and ends with water and sewage issues which have not been addressed by Double Diamond.
Bevis asked the judge to order Double Diamond to turn over the rights and property of the water and sewage utilities to the POA. He said this is based off a line in the covenants, conditions and restrictions for the POA which Double Diamond presidents, CEO and majority owner wrote. Swindle also discussed how money for the company was not able to properly tracked or find evidence of the loans and debt the POA owed to Double Diamond.
During the defendants closing arguments, Michael Myers and Darryl Silvera, of the Silvera Law Firm in Dallas, argued the plaintiffs continually changed their allegations against the defense throughout its time in the court system.
When discussing the water and sewage issues Myers said the plaintiffs brought forth no expert testimony and none of the witnesses had an expert examine their water issues either. Thus, he added the only reliable information on the water is from the Texas Commission on Environmental Quality which has ruled the water to be in compliance.
For the rest of the story see the Wednesday, May 8 edition of The Graham Leader.