Dig Deeper Texas

Looks like Miller can’t sue individuals afterall.

MySA.com: Metro | State

District Judge Karen H. Pozza ruled Thursday that all of the defendants in a lawsuit filed by restaurateur Balous Miller over his failed plans to sell a tract of Helotes land to Wal-Mart should be excluded from the suit.The defendants’ request to be excluded was based on their claim that their actions were made as governmental officials, so they can’t be sued as individuals for their official decisions.

Pozza gave Miller 30 days to amend his petition, which named several current and former Helotes city officials.

The suit alleges that the officials, as well as the Helotes Heritage Association, engaged in “tortious interference and civil conspiracy” to derail a deal Miller had with Wal-Mart. A 32-acre tract of land owned by Miller at Texas 16 and Scenic Loop Road was the proposed site of a new supercenter until the retail giant pulled out of the contract late last year.

So do you think Miller will continue with the lawsuit if he can’t use it to scare the living daylights out of public officials who don’t vote his way? Given the recent ruling by the Texas Ethics Commission, why doesn’t he just spend the money on buying off officials rather than going to trial?

Technorati Tags: Balous Miller, Helotes, Bill Miller’s, Wal-Mart, Jon Allan, Barry A. McClenahan

Filed under: Balous Miller, First Amendment, Free Speech, Frivolous Lawsuit, Helotes, Helotes Heritage Foundation, Lawsuit Reform, Lawsuit abuse, Texans for Lawsuit Reform, Texas Ethics Commission, Wal-Mart, Walmart