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Defendant's Original Answer To Plaintiff's Petition

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Case Number SC21C0027605

DANIEL W. HARBAUGH, Plaintiff, vs. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, MARK R. VICKER, EXECUTIVE DIRECTOR AND TEXAS ATTORNEY GENERAL, GREG ABBOTT, Defendants.

§ IN THE SMALL CLAIMS COURT § § § § § PRECINCT 2, PLACE 1 § § § § § § § HARRIS COUNTY, TEXAS

ORIGINAL ANSWER AND PLEA TO THE JURISDICTION OF DEFENDANTS TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND MARK R. VICKER
TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendants, Texas Commission on Environmental Quality and Executive Director, Mark R. Vicker, represented by the Attorney General for the State of
Texas, and files their Original Answer to the Small Claims Petition of Daniel W. Harbaugh.

A. General Denial Defendants generally deny the allegations in Plaintiff's Small Claims Petition. B. Plea to the Jurisdiction

Sovereign immunity deprives a trial court of subject matter jurisdiction in suits
.against the State and its agencies and officials, unless the State has consented to be sued.

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Original Answer and Plea to the Jurisdiction of Defendants Texas Commission on Environmental Quality and Mark R. Vicker

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See Tex. Dep't of Parks and Wildlife v. Miranda, 133 S.W.3d 217,224 (Tex. 2004); see also Fed. Sign v. Tex. S. Univ., 951 S.W.2d 401, 405 (Tex. 1997), superseded by statute on other grounds as stated in Gen. Svs. Comm'n v. Little-Tex Insulation Co., 39 S.W.3d 591,583 (Tex. 2001). C. Prayer Defendants Texas Commission on Environmental Quality and Executive Director, Mark R. Vicker, pray that this Court enter judgment that Plaintiff take nothing and assess costs against Plaintiff. Respectfully submitted, GREG ABBOTT Attorney General of Texas C. ANDREW WEBER First Assistant Attorney General DAVID S. MORALES Deputy Attorney General for Litigation DAVID C. MATTAX Assistant Attorney General Chief, Financial Litigation Division

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Original Answer and Plea to the Jurisdiction 0f Defendants Texas Commission on Environmental Quality and Mark R. Vicker
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J.R. SCHNEIDER, JR. State Bar No. 17786850 Assistant Attorneys General Financial Litigation Division P.O. Box 12548 Austin, Texas 78711-2548 TEL: (512) 475-4866 FAX: (512) 477-2348 rob.schneider@oag.state.tx.us Attorneys for Texas Commission on Environmental Quality and Mark R. Vicker

CERTIFICATE OF SERVICE I hereby certify that on July 2, 2009, a copy of the foregoing document, Original Answer and Plea to the Jurisdiction of Defendants Texas Commission on Environmental Quality and Mark R. Vicker, was served via U.S. certified mail, return receipt requested to the following:
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Daniel W. Harbough 8218 Braniff Street Houston, TX. 77061
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Pro Se

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Original Answer and Plea to the Jurisdiction of Defendants Texas Commission on Environmental Quality and Mark R. Vicker (Plaintiff’s COMMENT:: Mr. Schneider can neither spell Mark R. Vickery’s nor Daniel W. Harbaugh’s name correctly. If he can’t properly name either

Defendant or Plaintiff, he should probably look for another line of work}


				
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