Information Resource
Update (June 15, 2006) - There is a MANDATORY plaintiffs meeting Tuesday, June 20, 2006 at 7:00 pm in the auditorium of the Southwestern Christian College in Terrell. This is same location where we have held similar meetings in the past. If you need directions, the college's phone number is 972-524-3341. This meeting is absolutely necessary to prepare discovery in the lawsuit against the builders, Leman, etc. Please make sure you attend!
Update (May 18, 2006) -
1. Results of May 13th Election for KCFWSD 1B - The results for Saturday's elections are in, and Jim Faulkner and Ronald Session have won the two open board positions for the water district.
2. TICA filed a 2nd No-Evidence Motion for Summary Judgment as to the claim that TICA breached its contract for those Plaintiffs who have TICA title insurance policies. The hearing on was Tuesday, May 16, 2006. Unfortunately, as with Ranger Title, the Court GRANTED the motion. Thus, TICA is no longer a party to the lawsuit for the time being.The Schiller Firm likely will address the Court's decision via appeal or additional action in the future.
Update (April 2, 2006) On May 13, 2006 Kaufman County Fresh Water Supply District 1B, which regulates the water for Phase I, will hold an ELECTION to replace TWO of its board members. Jim Faulkner and Ronald Sessions are on the ballot, and The Schiller Firm would recommend strongly that you vote for both of them. Both men are homeowners in Phase I and both are familiar with the history and problems within Windmill Farms. This is an opportunity to have local residents represent you on the board of KCFWSD 1B. Voting will be held at the Information Center, and early voting will be May 1, 2006 through May 9, 2006.
Update (December 5, 2005) - Update On Ranger Title's Motion for Summary Judgment: On November 21st the Court heard Ranger Title's No Evidence Motion for Summary Judgment. Unfortunately, the Court has GRANTED the motion. Thus, for the time being, Ranger Title Co. is no longer a party in the lawsuit. However, The Schiller Firm plans to appeal the Court's decision as the firm believes the evidence is contrary to the Court's decision.
Update (October 21, 2005) - The suit against the builders/title companies continues. Because this suit is not expedited under Texas law (as was the original suit against KCDD#1), it proceeds at a slower pace than the original suit. Thus, at this time, we are in the discovery period of the suit in which we request information from the defendants, and they do the same to us. It is possible we will contact you in the coming months to assist in our discovery production requirements; if not, however, please know that we are seekings or providing information necessary to this suit. Finally, there were additional parties added to the suit, including Leman, KCDD#1, KCFWSD, and Severn Trent. The allegations against these defendants include claims based upon the sewer and water systems.
With respect to any hearings before the Court, the only hearing currently scheduled is for a motion for summary judgment filed by Ranger Title Company. The hearing is November 21st, and the motion represents Ranger's attempt to have the Court find that there is no liability by Ranger and, thus, let Ranger out of the case. We currently are contacting those clients who closed with Ranger Title because we will need information from them to defeat Ranger's motion. If you closed with Ranger and have not been contacted by our office, please contact us immediately at (469)467-9200.
Update (June 12, 2005) - The Schiller Firm will be hosting a meeting at Southwestern Christian College on Friday, June 17, 2005 to discuss the recent issues with the water and sewage problems and possible actions we may take. The meeting will begin at 6:30pm. The address is 200 Bowser Street (Behind the Pizza Hut) Terrell, TX. ALL RESIDENTS OF WINDMILL FARMS ARE INVITED. Please notify your friends and neighbors.
Update (Novemeber 20, 2004) - The settlment payments have been delayed. If you have not received an email from the wfhomeowners email account or Chris DuVall, you may email us for more details at wfhomeowners@yahoo.com or chrisd@schillerlaw.com. We will respond to Plaintiffs only.
Update (September 28,2004) - Regarding the letter you have received from the Kaufman County Development District #1: The attorney is asking you to send the requested information to his office AS WELL AS the KCDD#1. By October 22, 2004 you should send:
(1) the correct party names,
(2) any address change,
(3) email address, and
(4) a telephone number
(5) whether or not the assessment values listed in the letter from KCDD#1 is correct. If not, please give the amount of payments to be refunded.
via US Mail to:
The Schiller Firm
Attn: Chris Duvall
2309 W. Parker Road
Plano, TX 75023
or you may send the information to chrisd@schillerlaw.com.
You should be receiving repayment by November 20, 2004. No plaintiff meeting is planned in the near future.
Update (September 20, 2004) - The latest from David Schiller:
1. The bond proposal/ad valorem tax passed, so the settlement is approved;
2. The settlement should be paid no later November 20th; and
3. Everyone should receive some paperwork with the settlement that they will need to sign and return.
Date: Saturday,May 22, 2004
Time: 1:00 pm
Place: Southwestern Christian College, Terrell
200 Bowser Circle just off of W. Moore Ave.
Reason: Discussion of Mediation with Plaintiffs
Again, this meeting is for current plaintiffs only.
UPDATE (MAY 12, 2004) MANDATORY MEETING CANCELLED!!!! The mandatory meeting previously slated for tomorrow, May 13, 2004 is being rescheduled. Please check this website for further information as to the time and place of the meeting.
UPDATE (MAY 7, 2004) URGENT MESSAGE!! MANDATORY MEETING OF ALL PLAINTIFFS.
Date: Thursday,May 13, 2004
Time and place to be announced.
Reason: Discussion of Mediation with Plaintiffs
100% attendance of ALL plaintiffs is required as per our attorney. Failure to attend this meeting could prolong the outcome of the mediation and therefore prolong the final resolution of our suit. More documents will also need to be signed in reference to our lawsuit. Please inform other plaintiffs who may not check the website frequently.
The following link Petitionwill allow you to view the latest Petition for Review from the 3rd Court of Appeals which includes the document from 53rd District Court of Travis County before Chief Justice Law, Justices B.A. Smith and Patterson Reversed and Remanded--Opinion by Justice B.A. Smith.
UPDATE (APRIL 7, 2004) Please take note of UPDATE dated March 25, 2004. If this pertains to you, ie. your credit report shows a lien or foreclosure from either the HOA , etc. please email this info to Credit Report Email!
EXTREMELY IMPORTANT UPDATE (MARCH 25, 2004): ADDITIONAL LAWSUITS FILED BY THE DISTRICT!!!!
The District(KCDD#1) has filed additional lawsuits against plaintiffs AND non-plaintiffs. The District is planning to foreclose on homes and to affect credit reports for residents which will not allow for residents to finance purchases of any kind! Therefore if you are not a part of the lawsuit you need to do so now more than ever. If you are a part of the lawsuit you have to get even more proactive. Everyone needs to get vocal NOW!!!! This is important in order to save your community. The District is not listening to the court ruling!
ALSO, if you believe your home had construction defects, please compile a sheet with the following information on it: (a) your name; (b) your address; (c) the builder; and (d) a listing of the specific defects. We MUST have this information to bring any claim for damage on such defects as soon as possible.
This information will greatly assist the firm in prosecuting each family's claim appropriately.
MASS EMAIL: If you are interested on being included in a mass email list regarding information from the attorneys, please email Kenny Jones at the following linkMass Email!
UPDATE (MARCH 18, 2004):
THE RULING IS IN!!! Texas Court of Appeals, Third District, at Austin
Case No. 03-03-00549-CV,
Gary Henry et al, Appellants vs Kaufman County Development District No. 1, Appellee has ruled in favor of the Homeowners of Windmill Farms. You can view the ruling by clicking on the following link APPEALSCTDECISION. Please be patient because there are 9 pages that will be downloaded.
If there are other homeowners who are interested in being a part of the lawsuit they can check the website (www.oocities.org/wfhomeowners) after March 20 for contact information regarding this issue.
UPDATE (FEBRUARY 26, 2004):
We have received a copy of the Plaintiffs Pettition filed in the 86th Judicial District in Kaufman County. Please see link at the end of this paragraph to verify that you are listed. NOTE: PLEASE INFORM OTHER PLAINTIFFS WHO MAY NOT CHECK THE WEBSITE OFTEN TO PLEASE DO SO AS SOON AS POSSIBLE.
UPDATE (FEBRUARY 20, 2004):
It has been brought to our attention that homeowners have been mailed checks from the KCDD #1 in the form of a refund. We have been asked not to cash them, but instead to forward a copy of the check to our attorney. Please keep the original check for your records. AGAIN, DO NOT CASH THIS CHECK!
Update (August 5, 2004) - Good News! Our attorneys met, yesterday, with the KCDD#1, Leman Development and the bank and came to a tentative settlement agreement. There is a MANDATORY plaintiffs meeting Tuesday, August 10th at 7:00 pm in the auditorium of the Southwestern Christian College.
Details of the settlement can be found here: Settlement terms
Please submit any questions you have regarding the settlement to wfhomeowners@yahoo.com prior to the meeting Tuesday. The questions will be passed on to David and Chris for them to answer at the meeting.
Please make sure you are registered to vote! Regardless of the outcome of the settlement, it is important to voice your opinion in the voting booth on election day. Everyone should make your voice be heard! You should complete your registration this week (week of July 26) in order to vote in the Sept. 11 bond election.
Update (July 19, 2004) - With respect to the packets distributed over the weekend concerning the bond election, the attorney's office would like everyone to know the following:
(1) the packet you received was prepared by the defendants only;
(2) the packet/information obviously has problems; and
(3) we (the plaintiffs) have not signed nor agreed to any such settlement.
We will update you with more information as it becomes available.
UPDATE (June 28, 2004) - A MANDATORY plaintiff's meeting will take place, Thursday, July 1, 2004 at 7:00 pm. It will be at the Southwestern Christian College. David Schiller had a very successful mediation meeting on Tuesday, June 22, 2004. All plaintiffs (husband and wife) MUST attend this meeting as you will need to sign the agreement. Details of the agreement will NOT be released until the meeting. Please do not email or call asking for an update.
UPDATE (MAY 14, 2004) MANDATORY PLAINTIFFS ONLY MEETING RESCHEDULED!!! The meeting has been rescheduled for:
The Appeals Court has a method by which you can be notified of happenings on the case. You can go to
http://www.3rdcoa.courts.state.tx.us/
Click on Case Information (on the left) and then Case Search. Put our case number in the box and click search. Our case number is: 03-03-00549-CV . In the box that says "Case Search Results on Case #.....", there is a link for "CaseMail." It will ask you to create your user name and password and enter your email address. It will automatically add our case to your email list. You'll receive emails whenever anything happens in our case. Do NOT worry if you do not see your name listed on the list of parties. Due to space constraints, they are not able to list everyone on this system. All plaintiffs are listed on the actual brief.