Order: Montgomery County, ET AL VS. Rayburn Development Company, ET AL

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                                SUIT NO. 20-08-10385

MONTGOMERY                       COUNTY, ET AL              §              IN THE DISTRICT COURT
                                                            §
VS.                                                         §            284TH JUDICIAL DISTRICT

RAYBURN DEVELOPMENT COMPANY,                                §
ET AL                                                               MONTGOMERY        COUNTY, TEXAS
                                                  AMENDED
                                           STATEMENT OF EVIDENCE

         It is agreed by the parties to this cause by their attorneys of record that the following is a true
and full statement of evidence introduced, as well as the proceedings had in the trial of the above-
styled and numbered cause on 27th day of January, 2022, before the Honorable Judge, Presiding
District Court, Montgomery County, Texas. MONTGOMERY COUNTY, AND THE CONROE
INDEPENDENT SCHOOL DISTRICT, MONTGOMERY COUNTY HOSPITAL DISTRICT,
MONTGOMERY              COUNTY EMERGENCY               SERVICES DISTRICT # 07, LONE STAR
COLLEGE          SYSTEM DISTRICT introduced citation by posting showing service on the
Defendant(s):

            Rayburn Development Company
            by serving its unknown officers, shareholders, and assigns

            Richard P. Ganchan
            as successor in interest to Rayburn Development Company (In Rem Only)

            Harold H. Bevil
            as successor in interest to Ryburn Development Company (In Rem Only)

            Robert J. Giffon
            as successor in interest to Rayburn Development Company (In Rem Only)

            Robert Goff
            as successor in interest to Rayburn Development Company (In Rem Only)

            N.B. Heaps
            as successor in interest to Rayburn Development Company (In Rem Only)

            James R. Lampman
            as successor in interest to Rayburn Development Company (In Rem Only)

            Charles E. Lobb
            as successor in interest to Rayburn Development Company (In Rem Only)

            Peggy McCorkle
            as successor in interest to Rayburn Development Company (In Rem Only)

            George F. Pierce Jr.
            as successor in interest to Rayburn Development Company (In Rem Only)

 Account No, Multiple Accounts                                     STATEMENT OF EVIDENCE            PAGE 1
 Suit Key No. 2510400
MONTGOMERY            COUNTY,       AND THE         CONROE        INDEPENDENT          SCHOOL
DISTRICT, MONTGOMERY COUNTY HOSPITAL DISTRICT, MONTGOMERY COUNTY
EMERGENCY SERVICES DISTRICT # 07, LONE STAR COLLEGE SYSTEM DISTRICT as
Plaintiffs by and through Plaintiffs’ attorney introduced into evidence the affidavit for citation by
posting, the citation by posting and the Officer's return on such citation, and, it appearing to the Court
that service of the citation was by posting at the door of the MONTGOMERY County Courthouse, in
MONTGOMERY County, Texas, the Court then proceeded to inquire into the sufficiency of the
diligence exercised in attempting to ascertain the residence or whereabouts of the defendant(s) cited by
posting. Plaintiffs witness, being sworn, testified to a search of the public records of the County and
where such records showed the address of any Defendant(s), citation was issued for personal service
on such Defendant(s) at such address in an attempt to secure service thereof, but was unserved, except
to the extent recited in the judgment in this cause. The witness further testified that an inquiry was
made of the person(s) in possession of the land and those persons in the community who might
reasonably be expected to know the whereabouts of such defendant(s). And the Court being of the
opinion that diligent inquiry had been made.

         Plaintiffs introduced certified tax records showing that taxes were properly assessed and unpaid
to Plaintiffs.

        Plaintiffs also introduced evidence of the appraised value of the property according to the most
recent appraisal roll approved by the appraisal review board.

The Attorney Ad Litem filed his report describing the actions he took to locate and represent the
interests of the defendant(s). The Court determined that the actions taken by the Attorney Ad Litem as
described in the report were sufficient to discharge the attorney’s duties to the defendant(s). The Court
awarded the sum of $1,025.57 to the Attorney Ad Litem who filed an answer on behalf of the
Defendant(s) served by posting.

        The Court rendered judgment in favor of the Plaintiffs, MONTGOMERY COUNTY, AND
THE     CONROE        INDEPENDENT       SCHOOL       DISTRICT,     MONTGOMERY   COUNTY
HOSPITAL DISTRICT, MONTGOMERY COUNTY EMERGENCY SERVICES DISTRICT #
07, LONE STAR COLLEGE SYSTEM DISTRICT as more fully appears in said judgment duly
entered in the minutes of the Court.

             Witness our signatures




LEZ
Alan Bush
State Bar No. 24040614
alan.bush@lgbs.com
E. Derick Mendoza
State Bar No. 24037093
derick.mendoza@lgbs.com
Attorney for: Plaintiff(s)


 ‘Account No. Multiple Accounts                               STATEMENT OF EVIDENCE               PAGE 2
 Suit Key No. 2510400
Joshua J. Benn
Attorney at Law
3008 Barron Road, Suite 100
College Station, TX_Z7845
(979) 393-0345


Joshua J. Benn
State Bar No. 24006830
Attorney for Defendant(s) named above
served by means of Citation by Posting


       The above and foregoing statement of evidence adduced at the trial of this cause having been
examined and found to be correct is by me approved and signed as the original statement of evidence
required by Rule 244, Texas Rules of Civil Procedure, on the date stated above.

                                               12712022 5:14:15 PM



                                                       Judge         Presiding




Account No. Multiple Accounts                                        STATEMENT OF EVIDENCE   PAGE 3
 Suit Key No, 2510400