Dallas

Neighbors Feuding Over LBJ Express Project

Neighbors who are accusing the LBJ Express road widening project of causing damage to their homes went to court Thursday opposing each other instead of the contractor.

The result was a temporary restraining order restricting the actions of community activist Carlos Quintanilla, but he said it will not keep him out of the fight.

“We’re going to make sure the homeowners get their homes fixed,” he said. “That’s what it’s been about. That’s what it’s always been about.”

For the past 16 months, Quintanilla said he has been helping more than 100 residents put together evidence and file claims against the contractor. In return he asked 10 percent of their proceeds.

Quintanilla led a protest at the LBJ Express office in March 2014 but since then property owners have not received money for their claims.

Some of them recently contacted attorney Chris Cowan who filed a class action lawsuit on behalf of about 20 property owners.

Quintanilla said Cowan is asking too much from the property owners.

“And since our homeowners will not have to pay 40 percent to lawyers, we think it’s shameful that they are ambulance chasing this case,” Quintanilla said.

Cowan said Quintanilla was asking his property owners to pay for expenses over the 10 percent fee and that Quintanilla’s delays and lack of legal knowledge may have damaged the property owners claims.

“It’s not a simple fender bender where you can represent yourself and get your claim resolved,” Cowan said. “There’s a lot of complex issues and we hope to unravel them before the court.”

Thursday, Cowan persuaded State District Judge Dale Tillery to issue the order forbidding Quintanilla from practicing law without a license and making illegal contracts with the residents.

Tillery said under Texas law, only licensed attorneys can seek fees for helping people settle property disputes and Quintanilla’s request for 10 percent appeared to be a violation.

“I believe his intentions are good and honorable but we have this penal code provision,” Tillery said.

At the hearing, Dallas attorney Forest Nelson arrived at Quintanilla’s side, offering to provide legal service to Quintanilla’s property owner group for the same 10 percent fee.

“And they don’t have to select us as counsel,” Nelson said. “They can select somebody else. And once they select their counsel, I don’t think the judge will have any problem with it.”

So, homeowners now have choices for help pursuing claims against the LBJ Express project.

A spokesperson for the contractor declined comment on any of the claims.

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