September 3, 1999--Texas State District Judge Brady Elliott held a hearing this morning on issuing a temporary injunction barring construction of a road to the cellular telephone tower Sprint illegally constructed in the Dewalt family cemetery in Missouri City more than a year ago. Sprint must build this road before it can meet platting requirements that it ignored prior to constructing the tower.

After hearing only the first of four witnesses for the plaintiff, the judge ended the hearing. He denied the temporary injunction based on his opinion that if one does not consider the questionable legality of the tower or the questionable legality of the board of directors that negotiated for the Lake Olympia Civic Association (LOCA), a paved road would not irreparably injure anyone.

However, Judge Elliott stated that the evidence indicated that equalization had occurred and the current LOCA board was unauthorized. But this, he said, was a decision for another day. He strongly urged all parties to mediate.

Although plaintiff’s attorney Thomas Sankey believes the judge’s decision was wrong and therefore an appeal will be considered, he says the plaintiffs will not be deterred from ultimately prevailing in the case. “We are confident that when this case reaches trial, the agreement this LOCA board has made with Sprint will be ruled illegal. We are also confident that, as has happened in Illinois and in Florida, Sprint will be ordered to remove its illegally constructed tower.”

The plaintiffs include Lake Olympia residents Jim and Barbara Hordern, Scott and Shelly Maxfield, Kelly Miller and Don Waterman, Fariman Rasolkhani and Sousan Saebi, George and Karen Karr, and Barbara and Vernon Doyle. Defendants include Sprint, the Dewalt family, Missouri City, Lake Olympia Civic Association and Lake Olympia Development, N.V. The lawsuit seeks removal of the illegal tower plus damages.  It also seeks an order requiring LOCA to elect its directors according to the subdivision agreements.