Patrick Fang

Law Offices of Brad Jackson Wins Appeals Court Ruling Against City of Austin in Illegal Takings Property Dispute

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A three-judge panel from the 3rd District Court of Appeals in Austin issued a key ruling in favor of a property owner represented by The Law Offices of Brad Jackson in Dallas as part of an illegal takings lawsuit against the City of Austin.

Brad Jackson, Cheryl Mann, and Patrick Fang worked with Mike Northrup from Dallas’ Cowles & Thompson to secure the appeals court victory for 1811 Guadalupe LLC, which owns the mixed-use property at the same address in downtown Austin.

The case was filed in 455th District Court in Travis County after the City of Austin conducted street repairs that eliminated key access to 1811 Guadalupe, which previously was home to a popular Pizza Hut location. The street changes were part of a project aimed at improving access for pedestrians, cyclists, and city buses.

By the time the work was completed in 2019, delivery vehicles had to be rerouted to reach the property because a driving lane and access points to a parking lot and alley were eliminated or rerouted. The Law Offices of Brad Jackson responded with an inverse condemnation claim against the city for the property owners’ loss of value.

Attorneys from the Austin City Attorney’s Office argued that the city should receive governmental immunity and that the property owners suffered no significant damage. The city’s arguments were based on an employee’s affidavit and report, photos of the location, and portions of the project plans.

Appeals Court Upholds District Court Ruling

The Austin City Attorney’s Office moved to dismiss the case after arguing the owners suffered no significant damage, and that the city should receive governmental immunity. The city’s arguments were based on an employee’s affidavit and report, photos of the location, and portions of the project plans.

The team from The Law Offices of Brad Jackson responded with a separate expert report prepared by a traffic engineer who disagreed with the city’s position. The city’s lawyers responded by asking the trial judge to strike the report. However, the judge ruled in favor of the property owner and cleared the way for the case to proceed.

On the heels of the judge’s ruling, the City of Austin filed the appeal, which was denied by the 3rd District Court of Appeals in the ruling noted above. The case is now headed back to the district court, where Mr. Jackson, Ms. Mann, and Mr. Fang will continue to present the facts to hold the city accountable.

 

Law Offices of Brad Jackson Wins Judgment Against City of Dallas

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Experienced business litigation attorneys Brad Jackson and Cheryl Mann, assisted by associate attorney Patrick Fang, all of Dallas’ The Law Offices of Brad Jackson, have won a judgment of more than $656,000 against the City of Dallas in a real estate dispute over a strip of valuable land along Mockingbird Lane. With the addition of prejudgment interest, the total amount due under the judgment exceeds $850,000.

Mr. Jackson and Ms. Mann successfully represented real estate developer 6101 Mockingbird, LLC in the lawsuit after the City of Dallas demanded a 10-foot strip of land as a condition of approving the owners’ request for a plat to permit the redevelopment of two adjoining lots, which the company argued was an “illegal taking.”

Mr. Jackson and Ms. Mann defeated the city’s attempts to have the case dismissed by winning a key ruling from the Fifth Court of Appeals in Dallas that cleared the way for a trial.

Judgment Includes Actual Damages, Attorneys’ Fees

The trial’s first phase was conducted in September when the court found that the city was liable to the company for taking the land. The damages phase of the trial occurred in December, with a final ruling issued in favor of Mr. Jackson’s and Ms. Mann’s client on December 23.

In the final judgment, Hon. Judge Juan Renteria of County Court at Law No. 5 ordered the City of Dallas to pay $327,603 in actual damages plus prejudgment interest of 7 percent beginning Dec. 2, 2015. The city was additionally ordered to pay $328,617.50 in attorneys’ fees and approximately $25,000 in fees for expert witnesses. If the city unsuccessfully appeals the case, it will be liable for 6101 Mockingbird’s appellate attorney fees, potentially totaling nearly $100,000.

 

The Law Offices of Brad Jackson Adds Attorney Patrick Fang in Dallas

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Photo of attorney Patrick Fang

Experienced attorney with expertise in civil litigation and construction law joins firm

DALLAS – The Law Offices of Brad Jackson is proud to announce the addition of experienced lawyer Patrick Fang in the firm’s Dallas office.

Mr. Fang brings years of experience representing individuals and companies in a variety of business disputes and professional-liability claims. He has extensive experience in civil litigation and arbitration, including pre-trial discovery and motion practice, e-discovery, and mediation.

Mr. Fang is well-versed in the construction industry having represented owners, design professionals, and contractors during his prior work with a boutique construction-law firm in Austin.

“I have known Patrick for several years, and he brings a strong work ethic and attention to detail that will benefit our clients and our entire firm,” says firm founder Brad Jackson, who is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization.

Patrick Fang Background

Mr. Fang is admitted to practice in Texas State courts and the U.S. District Court for the Western District of Texas. He is a member of the Austin Bar Association, Dallas Bar Association, and Austin Young Lawyer’s Association.

A proud graduate of Baylor Law School, Mr. Fang previously served as a Technical Editor and Associate Editor of the Baylor Law Review. He also earned the Dean’s Academic Excellence Scholarship and was a member of the Dean’s List. During his undergraduate studies at the University of Texas at Dallas, he was a John Marshall Pre-Law Society member and a UT Dallas Community Gardener.

Firm Provides Expertise in Business Disputes

For more than three decades, established companies and businesspeople have called on The Law Offices of Brad Jackson for a wide variety of business disputes and commercial litigation. The firm provides extensive expertise in contract disputes, fiduciary litigation, denial of commercial insurance claims, probate and trust litigation, professional malpractice cases, serious personal injury cases, wrongful death claims, and other areas.

Based in Dallas, The Law Offices of Brad Jackson provides decades of experience representing clients in Texas and across the nation. Brad Jackson is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. The firm handles practically every type of business dispute, as well as cases involving high-stakes divorce litigation, serious personal injury, and wrongful death.