No. 04-0499-CV

Ronald F. Avery	* *	In the District Court
Vs.	*	Guadalupe County, Texas
Guadalupe Blanco River Authority (GBRA); William E. West Jr.; David Welsch	* * * * *	25^th Judicial District

Plaintiff’s Response to

Defendants’ Special Exceptions

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes the Plaintiff, Ronald F. Avery, with his Response to Defendants’ Motion for Special Exceptions and would show this court that Defendants’ Order Granting said motion should be denied.

1. Plaintiff Objections to the application of the CPRC:

The Plaintiff objects to the Defendants’ insistence upon the Plaintiff placing his cause of action into the unlawful statutory and remedial mold of the Civil Practice and Remedy Code (CPRC) on the following grounds

1.1. State Sovereign Immunity is Unlawful

The CPRC is unconstitutional and unlawful because it is constructed against the great end of civil government in America and Texas and exceeds the delegated power of Texas (See Plaintiff’s Brief on Immunity attached). Immunity is available for: 1.) protection from the jealous for a good act shown to another without harm done to any other and 2.) for an Official to mitigate the law (see Plaintiff’s Brief on Immunity). Government and those in its seats are in want of immunity when they invade the property and property rights of an innocent citizen.

1.2. Other theories of recovery apply

The Plaintiff objects to the granting of Special Exceptions that would require the Plaintiff to commit his causes to the strict and arbitrary rules of the CPRC in denial of any other theory of recovery available in at least the two areas of Due Process and Equal Rights violations.

1.3. Plaintiff Objects to Dismissal if cannot plead within waiver of immunity under CPRC

Plaintiff objects to Defendants’ Order to Grant Motion for Special Exceptions that would require the Plaintiff to plead his theory of recovery only under the Texas Tort Claims Act and the CPRC.

2. This is court of Substantive Law

Texas Rules of Civil Procedure (TRCP #1) requires the court to seek substantive law beyond that of mere statutory and remedy law in the Texas Tort Claims Act and the Texas Civil Practice and Remedy Code. (see Plaintiff’s Brief on Jurisdiction attached). Also see Plaintiff’s Brief on Perversion of Justice attached.

3. Plaintiff Agrees to file First Amended Original Petition

Plaintiff does not object however to filing his First Amended Original Petition conforming to the following:

3.1. TRCP 50

The amended petition will have all paragraphs numbered with headings identifying the count, or issue raised.

3.2. Plaintiff will be more specific on the theory of recovery

Plaintiff will plead any existing statutory and remedial law available and applicable and the required substantive laws of reason as they apply to his causes of action that show a good faith ground for reversal of existing remedial and case law.

4. More Discovery may yield more facts that need addressing

Plaintiff objects to the granting of motion for Special Exceptions that ask for striking and dismissal and conformity to only one set of remedial law prior to a re-pleading by Plaintiff. Plaintiff further objects to being summarily thrown out of court prior to more discovery as to the issues he has already raised that may give rise to further and more accurate pleading of fact and law.

THEREFORE PREMISES CONSIDERED, the Plaintiff prays that this Court deny the Defendants’ Order and Motion for Special Exceptions and allow the Plaintiff to file his First Amended Original Petition conforming to TRCP #1 and #50 within twenty one (21) days of this hearing on Special Exceptions.

Respectfully submitted,

_______________________________________

Ronald F. Avery

Pro Se

1955 Mt. Vernon

Seguin, Texas 78155

830/372-5534

Certificate of Service

I hereby certify that a true and correct copy of the foregoing was forwarded by certified mail, return receipt requested # 7099 3220 0001 5083 3356, on this the ____ day of ___________, 2004 to the following:

Attorney of Record for Defendants:

William S. Helfand

Chamberlain, Hrdlicka, White, Williams & Smith

Attorneys at Law

1200 Smith Street, Suite 1400

Houston, Texas 77002

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