On October 14, 2001 a
Complaint,Petition
was filed
involving a dispute between
City Of Houston,
Harris County Department Of Education,
Harris County Flood Control District,
Harris County Hospital District,
Harris County On Behalf Of Itself And The Following County-Wide,
Houston Community College System,
Port Of Houston Authority Of Harris County,
Harris County,
Harris County Flood District,
Houston Independent School District (Fka North Forest Independent,
North Forest Independent School District,
and
City Of Houston,
Meadi, Naghavi Olayi,
for TAX SUIT
in the District Court of Harris County.
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12/27/2012 03:25:23 PM 713-755-1451 Page 1/10
NO. 2010-67018
NORTH FOREST INDEPENDENT § IN THE DISTRICT COURT OF
SCHOOL DISTRICT 8
VS, 5 HARRIS COUNTY, TEXAS
NAGHAYI OLAYI MEADI, ET AL § 1257 JUDICIAL DISTRICT
PETITION TO VACATE JUDGMENT
COMES NOW, Plaintiff, NORTH FOREST INDEPENDENT SCHOOL DISTRICT (hereinafter
“NORTH FOREST ISD”), and files this Petition to Vacate Judgment and in support of the
Petition would show as follows:
NORTH FOREST ISD filed a delinquent tax suit under Cause No. 2010-67018, seeking
foreclosure of its tax lien on the property owned by NAGHAVI OLAYI MEADI.
Trial was held in tax court on August 15, 2011, and the Judgment was signed by the
District Court on August 15, 2011. Plaintiff, NORTH FOREST ISD, has discovered that
the legal description in the judgment is incorrect.
A taxing unit may file a petition to vacate the judgment if the judgment does not
adequately describe the property and for failure to serve a personal necessary for just
adjudication. See fax Code § 33.56(a)(2) and (3). The petition must be filed under the
same cause number as the delinquent tax suit and in the same court.
The property made the basis of the suit was posted for tax sale on May 1, 2012. There
were no bidders and the property was struck-off to NORTH FOREST ISD. The deed has
been recorded on file number 20120324472. See the tax sale deed attached as Exhibit A.
A taxing unit may file a petition to vacate judgment if'a tax sale of the property has
occurred and the property was bid off to a taxing unit under § 34.04(j) and has not been
resold. See Tax Code § 33.56(c)(2)
Ifthe petition is granted, the delinquent tax suit is revived, pursuant to §33.56(e),
allowing the plaintiff to add the necessary parts and set a new trial date.
Here, the property was described in the judgment as follows:
12/27/2012 03:25:23 PM 713-755-1451 Page 2/10
LOT 112 AND THE EAST 65 FEET OF LOT 110, BLOCK 5, BARKLEY
PLACE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 19, PAGE 75, MAP RECORDS OF HARRIS COUNTY, TEXAS.
7. The description accurately reflected the properly as carried on the appraisal roll by the
Harris County Appraisal District at the time the suit was filed. However, in Noy. 2012,
the appraisal district added “east 65 feet of fot 111” to its legal description. See the
attached printout from the appraisal district attached as Exhibit B.
The appraisal district has advised Plaintiff's counsel that the value for the east 65 feet of
lot 111 was being included with the account, but the appraisal district dropped that
portion of the account from its legal description after the deed to Meadi was filed. The
appraisal district is once again including that portion of lot 111 in its legal description.
Title research confirms that defendant NAGHAVI OLAYI MEADI bought the property
(as described in the judgment) at a tax resale a number of years ago. The tax resale deed
to Meadi does not include the east 65 feet of lot 111. See the deed to Meadi attached as
Exhibit C, which was filed under file number W368696. The current owner of the east
65 feet of lot 111 is Poltergeist, Inc. See the deed to Poltergeist, Inc., attached as Exhibit
D, which was filed on file number K685352.
10. Consequently, in order to sell the property as described by the appraisal district, Plaintiff
must amend the petition to add the east 65 feet of lot 111 and sue Poltergeist, Inc.
For these reasons, NORTH FOREST ISD asks the Court to grant this Petition to Vacate
Judgment, and for such other and further relief to which it may be entitled.
Respectfully submitted,
PERDUE, BRANDON, FIELDER,
COLLINS & MOTT, L.L.P
Attorneys At Law
1235 North Loop West
Suite 600
Houston, TX 77008
PHONE: (713) 862-1860
FAX:(713) 862-1429
12/27/2012 03:25:23 PM 713-755-1451 Page 3/10
Stroy. Danes
Jason L. Bailey/SBOT # 00790253
D’Arwyn K. Daniels/ SBOT 700783925
Attorney For Plaintiffs)
CERTIFICATE OF SERVICE
This instrument was served in accordance with Rule 21 and 2la of the Texas Rules of Civil
Procedure on this_27th__ day of , 2012.
BProy at Dac
Jason L. Bailey
D’Arwyn K. Daniels
Linebarger, Goggan, et al (By Fax No. 713-844-3529)
Naghavi Olayi Meadi, 26 Bash Place, Houston TX 77027 (By First Class Mail)
Preview
12/27/2012 03:25:23 PM 713-755-1451 Page 1/10 NO. 2010-67018 NORTH FOREST INDEPENDENT § IN THE DISTRICT COURT OF SCHOOL DISTRICT 8 VS, 5 HARRIS COUNTY, TEXAS NAGHAYI OLAYI MEADI, ET AL § 1257 JUDICIAL DISTRICT PETITION TO VACATE JUDGMENT COMES NOW, Plaintiff, NORTH FOREST INDEPENDENT SCHOOL DISTRICT (hereinafter “NORTH FOREST ISD”), and files this Petition to Vacate Judgment and in support of the Petition would show as follows: NORTH FOREST ISD filed a delinquent tax suit under Cause No. 2010-67018, seeking foreclosure of its tax lien on the property owned by NAGHAVI OLAYI MEADI. Trial was held in tax court on August 15, 2011, and the Judgment was signed by the District Court on August 15, 2011. Plaintiff, NORTH FOREST ISD, has discovered that the legal description in the judgment is incorrect. A taxing unit may file a petition to vacate the judgment if the judgment does not adequately describe the property and for failure to serve a personal necessary for just adjudication. See fax Code § 33.56(a)(2) and (3). The petition must be filed under the same cause number as the delinquent tax suit and in the same court. The property made the basis of the suit was posted for tax sale on May 1, 2012. There were no bidders and the property was struck-off to NORTH FOREST ISD. The deed has been recorded on file number 20120324472. See the tax sale deed attached as Exhibit A. A taxing unit may file a petition to vacate judgment if'a tax sale of the property has occurred and the property was bid off to a taxing unit under § 34.04(j) and has not been resold. See Tax Code § 33.56(c)(2) Ifthe petition is granted, the delinquent tax suit is revived, pursuant to §33.56(e), allowing the plaintiff to add the necessary parts and set a new trial date. Here, the property was described in the judgment as follows: 12/27/2012 03:25:23 PM 713-755-1451 Page 2/10 LOT 112 AND THE EAST 65 FEET OF LOT 110, BLOCK 5, BARKLEY PLACE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 19, PAGE 75, MAP RECORDS OF HARRIS COUNTY, TEXAS. 7. The description accurately reflected the properly as carried on the appraisal roll by the Harris County Appraisal District at the time the suit was filed. However, in Noy. 2012, the appraisal district added “east 65 feet of fot 111” to its legal description. See the attached printout from the appraisal district attached as Exhibit B. The appraisal district has advised Plaintiff's counsel that the value for the east 65 feet of lot 111 was being included with the account, but the appraisal district dropped that portion of the account from its legal description after the deed to Meadi was filed. The appraisal district is once again including that portion of lot 111 in its legal description. Title research confirms that defendant NAGHAVI OLAYI MEADI bought the property (as described in the judgment) at a tax resale a number of years ago. The tax resale deed to Meadi does not include the east 65 feet of lot 111. See the deed to Meadi attached as Exhibit C, which was filed under file number W368696. The current owner of the east 65 feet of lot 111 is Poltergeist, Inc. See the deed to Poltergeist, Inc., attached as Exhibit D, which was filed on file number K685352. 10. Consequently, in order to sell the property as described by the appraisal district, Plaintiff must amend the petition to add the east 65 feet of lot 111 and sue Poltergeist, Inc. For these reasons, NORTH FOREST ISD asks the Court to grant this Petition to Vacate Judgment, and for such other and further relief to which it may be entitled. Respectfully submitted, PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P Attorneys At Law 1235 North Loop West Suite 600 Houston, TX 77008 PHONE: (713) 862-1860 FAX:(713) 862-1429 12/27/2012 03:25:23 PM 713-755-1451 Page 3/10 Stroy. Danes Jason L. Bailey/SBOT # 00790253 D’Arwyn K. Daniels/ SBOT 700783925 Attorney For Plaintiffs) CERTIFICATE OF SERVICE This instrument was served in accordance with Rule 21 and 2la of the Texas Rules of Civil Procedure on this_27th__ day of , 2012. BProy at Dac Jason L. Bailey D’Arwyn K. Daniels Linebarger, Goggan, et al (By Fax No. 713-844-3529) Naghavi Olayi Meadi, 26 Bash Place, Houston TX 77027 (By First Class Mail)