Pro Se Plaintiff herein state very respectful before the “Honorable Justice”
Co-Defendant “State of Texas, Harris County 215 District Court herein received before the Judicial Business of The Harris County Courthouse
In Houston Texas Facts of the said Defendant “Christ Church Cathedral” Original answer, request for Disclosure and Demand for Jury Trial
By one (Andrew T. McKinney IV) Attorney at Law State Bar No. 13716800
With the “Professional firm” of Mckinney & Cooper, L.L.P of Houston Texas
On the (Behalf) of Defendant Christ Church Cathedral and (Beacon et al) being submitted before the “Honorable Justice” as Plaintiff Exhibit P-2 attached herein
Filed Dec 8th 2009 @ 3:30 pm received a Plaintiffs namely one (Harry C. Arthur and The Marine Building, L.L.C,)
Plaintiff Exhibit P-2 attached herein describing completely before the “Honorable Justices” as follows:
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, “Christ Church Cathedral” enters an Original answer and demand
“Strict proof of all allegations” material to plaintiffs’ claim.
Defendant “Christ Church Cathedral” respectfully reserves the right at this time to amend this Original Answer to plaintiff’s allegations after defendant has had the opportunity to more closely investigate these claims,
As is the right and privilege of said defendant under the Texas Rules of Civil Procedure and the laws of the State of Texas.
Pursuant to the provisions of Rule 216 of the Texas Rules of Civil Procedure, defendant.
“Christ Church Cathedral”, hereby formally make demand and application for a trial by Jury.
VII
Pro Se Plaintiff herein state very respectful before the “Honorable Justice” Co-Defendant “State of Texas, Harris County 215 District Court herein
received before the Judicial Business of The Harris County Courthouse
In Houston Texas Facts of the said Defendant “Christ Church Cathedral” First Amend Original Answer of Christ Church Cathedral
And Original Answer of Beacon as Plaintiff Exhibit P-3 attached herein
Filed Dec 21th 2009 @ 1:55 pm received a Plaintiffs namely one (Harry C. Arthur and The Marine Building, L.L.C,) with attached new media herein
January 06, 2010
Christ Church Cathedral, The Beacon file answer to lawyer's suit seeking to shut down homeless center
to come to The Beacon for lunch. In a Dec. 21, 2009, First Amended Answer to the petition Arthur filed Nov. 23, 2009,
the cathedral and The Beacon allege that a lunch with Arthur, tenants of his building and others who own property near The Beacon may be a way to resolve the dispute outside the courthouse.
“The Texas Legislature has encouraged litigants to find ‘alternative’ means to seek ‘conciliation’ of legal disputes, and has particularly suggested that disputes between ‘neighbors’ are particularly well-suited for efforts of this nature,”
Christ Church Cathedral and The Beacon allege in the answer. In the first line of that pleading, the cathedral and The Beacon cite
Matthew 25:40: “In as much as you have done it unto the least of these my brothers and sisters, you have done it to me.”
Last November, Arthur and the building he owns, The Marine Building, filed Harry Arthur, et al. v Christ Church Cathedral, et al.,
Seeking a permanent injunction to shut down The Beacon on the ground it’s a “private nuisance.” The Marine Building is located near The Beacon.
The plaintiffs seek a minimum of $250,000 in damages from the defendants to compensate them for the loss of rentals in The Marine Building and the loss of its market value. Arthur’s trial firm, Law Offices of Harry C. Arthur, is located in the building. In the petition, the plaintiffs allege the cathedral and The Beacon,
Which is operated by a 501(c)(3) nonprofit established by Christ Church Cathedral, have created a “health hazard” in the area because “persons attracted by the free meals, free laundry and other services, urinate, defecate and drop trash in the street, sidewalks, doorways and other private property areas of the neighbors.”
The defendants have a different view of the situation. They allege in the answer that The Beacon’s services are a “blessing” instead of a nuisance, and its clients are “people who need help” instead of “derelicts,” as Arthur and the building allege in the petition.
The defendants allege that ministering to the needs of the homeless “cannot be a ‘nuisance’ in the eyes of God, or of the Law.”
The Episcopal cathedral and The Beacon seek court findings that The Beacon is not a nuisance and that applying the Texas nuisance law to its activities would be unconstitutional.
Lawyers representing the cathedral and The Beacon are Arnold “Andy” Anderson Vickery (pictured), a partner in Vickery, Waldner and Mallia, and Andrew T. McKinney IV, a partner in McKinney & Cooper, both of Houston.
Vickery says he's a member of the church and has not yet received a response from Arthur to the lunch invitation.
McKinney did not immediately return a telephone call seeking comment. So what about the lunch? Arthur, who alleges in the petition that the cathedral
And The Beacon have “ignored” pleas from neighbors to help alleviate the problems, says he’s not sure he will accept the invite.
-- Brenda Sapino Jeffreys Christ Church Cathedral and The Beacon, a center for homeless people in downtown Houston, want Harry Arthur, a Houston lawyer who seeks a permanent injunction to shut down the homeless center,
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