04/25/16 13:49:19 Orange City DC Scanned by Anne FILED: 4/20/2016 6:01:22 PM Vickie Edgerly, District Clerk ‘Orange County, Texas REAUD, MORGAN & QUINN, L.L.P. 8% Denise Smith, Deputy Glen W. Morgan sawn Wayne A. Reaud Cris Guinn (1955-200 Of Counsel Curtis W, Leister 801 Laurel Stret ohn Werner P.O, Box 20008 Mark Frasher Beaumont, Texas 77720-6008 Phone (408) 898-1000 Adam Nichols Fax 409) 299-8236, Sheigh Summerlin Rhodes Taslor Miler Don Burgess OF Counsel Rodney G. Ellis Bien se Of Counsel April 20, 2016 District Clerk Orange County Re: Bonin, CHANDLER & MANUEL, ET AL VS. SABINE RIVER AUTHORITY OF TEXAS AND SaBINE RIVER AUTHORITY OF LOUISIANA Dear District Clerk: Please accept these Exhibits as attachments to Plaintiffs’ Original Petition originally filed in Envelope 10222727 on 4/20/16 at 5:19pm and again in Envelope 10223254 on 4/20/16 at 5:37pm. I apologize for my mistake not attaching them when I resubmitted the Civil Case Information Sheet as a searchable document. Please feel free to contact me if you have any questions or concerns. Very truly yours, REAUD, Morgan & QUINN, L.L.P. By: _Danyel Marquardt Danyel Marquardt Senior Legal Assistant ‘dm04/22/16 13:30:18 Orange Cty DC Scanned by Denise FILED: 4/20/2016 6:37:38 PM Viekie Edgerly, District Clerk Orange County, Texas By: Denise Smith, Deputy CAUSE No, 8160137-C PERRY BONIN, ACE CHANDLER 8 IN THE DISTRICT COURT AND MICHAEL MANUEL, ET AL § vs. § ORANGE COUNTY, TEXAS: § SABINE RIVER AUTHORITY OF TEXAS § and SABINE RIVER AUTHORITY § 163rd OF LOUISIANA § JUDICIAL DISTRICT PLAINTIFFS ORIGINAL PETITION COMES NOW Perry Bonin, Ace Chandler and Michael Manuel, et al. whose names are more fully listed on Exhibits “A”, “B” and “C” attached hereto and hereinafter referred to as “Plaintiffs”, and files this their Original Petition complaining of Defendants, Sabine River Authority of Texas and Sabine River Authority of Louisiana, and for cause of action would respectfully show unto the Court as follows: I INTRODUCTION ‘The Texas Constitution's protection of rights and liberties include the command that ‘No person's property shall be taken, damaged or destroyed for or applied to publie use without adequate compensation being made.” ‘Tex.Const. Art. I, Section 17(a). Similarly, the Louisiana Constitution provides that “Property shall not be taken or damaged by the state or its political subdivisions except for publie purposes and with just compensation paid to the owner or into court for his benefit.” Louisiana Const. Art. I, Section 4(B). Beginning on or about March 9, 2016, the Sabine River Authorities of Texas and Louisiana, each a governmental entity acting in the exercise of the powers granted it by the respective States caused there to be a deliberate release of water from the Toledo Bend04/22/16 13:30:18 Orange Cty DC Scanned by Denise spillway gates into the Sabine River. During the next 24 hours, nine spillway gates had been opened to a measure of twenty-two feet each. It is estimated that at the peak, the amount of water being deliberately released into the Sabine River was over 200,000 cubic feet per second. As a point of comparison, Niagara Falls is said to average approximately 85,000 cubie feet per second of discharge. By opening the spillway gates in this manner, the Defendants knew, or were substantially certain, that harm would result to the many thousands of homeowners, business owners, churches, and others who owned property downstream. Indeed, the Defendants and others quickly released predictions of the flood levels which would result from this enormous discharge. ‘The predietions turned out to be a tragic reality for many thousands of Texas residents. The community of Deweyville was perhaps hardest-hit, as shown by the photographs below:04/22/16 13:30:19 Orange Cty DC Scanned by Denise04/22/16 13:30:20 Orange Cty DC Scanned by Denise And yet the damage and devastation continued, along with the water, down the Sabine. The City of Orange, Texas also experienced extensive flooding, as shown by the photograph below:04/22/16 13:30:21 Orange Cty DC Scanned by Denise Further damage on the Louisiana side of the Sabine River is shown in the photographs below: All along the Sabine River and nearby areas, homes and businesses and churches were flooded, property was destroyed, burial vaults were disinterred and scattered, and animals and livestock were killed, in the name of and by the authority of the Defendants, each a governmental entity deliberately acting in the exercise of the powers granted it by04/22/16 13:30:21 Orange Cty DC Scanned by Denise its respective State. Plaintiffs herein assert their constitutional right to be adequately compensated for their property which was taken or damaged for public use I. PARTIES Plaintiffs listed in Exhibits “A”, “B” and “C" attached hereto would show that they are resident-citizens of the States of Texas and Louisiana. Plaintiffs bring this case pursuant to Level 3 of the Revised Texas Rules of Civil Procedure. Plaintiffs allege that their damages, individually, are within the jurisdictional limits of this court and further allege, pursuant to Rule 47 of the Texas Rules of Civil Procedure, are collectively for monetary relief over $1,000,000; and individually are either for monetary relief of $100,000 or less} or over $100,000 but not more than $200,000; or over $200,000 but not more than $1,000,000. Venue is proper in Orange County, Texas, as it is the County in which the principal offices of Defendant Sabine River Authority of ‘Texas is found, and as it is a County in which a substantial part of the acts and events giving rise to this action took place. Defendant, SABINE RIVER AUTHORITY OF TEXAS, is a governmental agency with a general office in Orange, Orange County, Texas and may be served with process at 12777 N. Highway 87, Orange, Texas 77632 Defendant, SABINE RIVER AUTHORITY OF LOUISIANA, is a governmental agency and may be served with process through the Secretary of State for the State of Louisiana by erving them through their Legal Services Section, 8585 Archives Ave., Baton Rouge, LA 70809.04/22/16 13:30:22 Orange Cty DC Scanned by Denise I. CLAIMS BY OWNERS OF PROPERTY IN TEXAS ARISING OUT OF THE TAKING OF PROPERTY IN THE STATE OF TEXAS BY SABINE RIVER AUTHORITY OF TEXAS AGAINST SABINE RIVER AUTHORITY OF TEXAS. Tn March 2016, as a result of the actions set forth above, the property of the Plaintifis listed in Exhibit “A” hereto was taken, damaged, or destroyed. The Plaintiffs in Exhibit “A are residents of the State of Texas. As such, Plaintiffs invoke the protections of Article I of the Texas Constitution and pray for adequate compensation for such taking, damaging, and destruction of property. IV. CLAIMS BY OWNERS OF PROPERTY IN LOUISIANA ARISING OUT OF THE TAKING OF PROPERTY IN THE STATE OF LOUISIANA BY SABINE RIVER AUTHORITY OF TEXAS AGAINST SABINE RIVER AUTHORITY OF LOUISIANA In Mareh 2016, as a result of the actions set forth above, the property of the Plaintifis listed in Exhibits “B” and “C” hereto was taken or damaged. ‘The Plaintiffs in Exhibit “B are residents of the State of Louisiana; the Plaintifi’s in Exhibit “C” are residents of the State of Texas, As such, Plaintiff's invoke the protections of Article | of the Louisiana Constitution and pray for adequate compensation for such taking, damaging, and destruction of property. V. REQUEST FOR DISCLOSURE Plaintiffs request that Defendants supply all information required by TEX.R.CIV.P. 194.04/22/16 13:30:22 Orange Cty DC Scanned by Denise PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs prays that the Defendants be cited to answer and appear and that upon final hearing, the Plaintiff's recover the following: 1, Compensation, in the form of money damages, for all property taken, damaged, or destroyed, pursuant to their rights under the appropriate State Constitution; 2. Pre-judgment interest, post-judgment interest, and costs of court to the fullest extent allowable by law; and 3. Such other and further relief, at law or in equity, as to which Plaintiffs are justly entitled. Respectfully submitted, REAUD, MORGAN & QUINN, L.LP. 801 Laurel Street P.O. Box 26005 Beaumont, Texas 77720-6005 (409) 838-1000 Fax (409) 833-8236 By L/.GlenW. Morgay Glen W. Morgan State Bar No. 14438900 gmorgan@rmglawfirm.com Adam Nichols State Bar No, 24046531 anichols@rmqlawfirm.com John Werner State Bar No. 00787920 werner@rmqlawfirm.com Attorneys for Plaintiffs PLAINTIFFS RESPECTFULLY DEMAND A TRIAL BY JURY