FILED

4/17/2017 12:00:00 AM 2 CIT PPS / SAC2

Donna Kay McKinney
Bexar County District Clerk
Accepted By: Monica Hernandez
2017CI06942
NO. ____________

PATRICK VON DOHLEN, Plaintiff,

45TH
IN THE ______ DISTRICT COURT


v. OF

LYNLIE WALLACE and BEXAR COUNTY, TEXAS
THE CITY OF SAN ANTONIO,
Defendants.

Plaintiffs Original Petition for Declaratory

Judgment and Application for Temporary Injunction

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff PATRICK VON DOHLEN files this Original Petition and Application for

Temporary Injunction, complaining as follows:

Introduction

1. Plaintiff Patrick Von Dohlen is a candidate to represent District 9 on the San Antonio City

Council in the May 6, 2017 general election. This is a hotly-contested race for an open seat, and

the voters deserve the opportunity to choose between candidates who are eligible to run and to

serve if elected.

2. Defendant Lynlie Wallace has also declared herself a candidate in the race, but she is not

eligible because she does not live in District 9. She does not even live in San Antonio. In fact, the

documentary evidenceand Wallaces own inability to provide credible or consistent answers to

basic questions about her residencydemonstrate that she lives in Austin, where she owns a home

which she claims as her homestead. She is apparently so established in Austin that state lobbyists

account for approximately 25% of her campaign contributions reported on the most recent 30-day

1
pre-election report. See Brian Chasnoff, Wallace a boon to lobbyists who fund her campaign

(San Antonio Express-News, Apr. 10, 2017).

3. Both Texas and San Antonio law specifically requirequite reasonablythat in order to

run for office, one must actually live in the territory she seeks to represent. Texas courts have

routinely enforced residency requirements and declared candidates ineligible where they live

outside the district. The citizens and voters of San Antonio deserve to have their residency law

enforced.

Discovery Control Plan

4. Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, plaintiff intends to conduct

discovery in this case under Level 3.

Parties

5. Plaintiff PATRICK VON DOHLEN is a candidate in the May 6, 2017 general election for

District 9 representative on the San Antonio City Council. Plaintiff resides in District 9. He is

registered to vote in the City of San Antonio. The last three numbers of Plaintiffs drivers license

number are XXX. The last three numbers of Plaintiffs social security number are XXX.

6. Defendant LYNLIE WALLACE is an individual running as a candidate for the District 9

seat; therefore, she is one of Plaintiffs opponents in the May 6 general election. Wallace resides

at 5229 Hutchinson Dr., Austin, TX 78723.

7. Defendant CITY OF SAN ANTONIO is a governmental entity with a main office at City

Hall Complex, 105 Main Plaza, San Antonio, TX 78205.

Jurisdiction and Venue

8. This suit is for declaratory and injunctive relief within the jurisdiction of this Court.

Plaintiff brings this action pursuant to the Texas Uniform Declaratory Judgment Act, Texas

2
Election Code 273.081, Tex. Civ. Prac. & Rem. Code 65.001 et seq., and Texas Rule of Civil

Procedure 680.

9. Bexar County is the proper venue for this petition because Bexar County is the county in

which all or a substantial part of the events or omissions giving rise to the claim occurred. Tex.

Civ. Prac. & Rem. Code 15.002.

Statement of Facts and Relevant Legal Framework

Background

10. The City of San Antonio is a home rule city, and is holding a general election on May 6,

2017 for several city offices, including an open seat for City Council District 9 representative.

11. Plaintiff Von Dohlen timely filed his ballot application with the City Clerk and is a

candidate for District 9.

12. Defendant Wallace filed her application with the City Clerk on January 25, 2017. She is

one of Plaintiffs opponents in the District 9 race.

13. Altogether, ten candidates are vying for the District 9 seat. Von Dohlen is widely regarded

as a leading candidate.

Residency requirement for San Antonio candidates

14. The Texas Election Code provides that, [t]o be eligible to be a candidate for, or elected or

appointed to, a public elective office in this state, a person musthave resided continuously in the

state for 12 months and in the territory from which the office is elected for six months immediately

preceding certain events. Tex. Elec. Code 141.001(a)(5). For independent candidates for

municipal office, the person must have resided in the relevant electoral district for six months prior

to the date of the regular filing deadline for a candidates application for a place on the ballot.

Tex. Elec. Code 141.001(a)(5)(B).

15. The regular filing deadline for the May 6 general election was February 17, 2017.
3
16. Therefore, under state law, to be eligible to be a candidate for District 9, a person must

have resided in District 9 continuouslyfor six months immediately preceding February 17,

i.e., since August 17, 2016.

17. The San Antonio charter additionally provides that [e]ach member from a district or ward

shall reside within its boundaries at least six (6) months prior to filing his application for

election[.] SAN ANTONIO, TEX. charter art. II, 4 (emphasis added). Thus, under the City charter,

where a purported candidate files the application before the deadline, the six-month residency

requirement would start earlier than required under the default state statute.

18. Wallace filed her application on January 25, 2017. Therefore, under the City Charter, she

was required to have resided in District 9 since July 25, 2016.

Lynlie Wallace is a resident of Austin, not San Antonio

19. Wallace claimed on her ballot application that her residence was 22250 Goldcrest Run in

District 9. A deed filed with the Bexar County clerks office reflects that she purchased this home

in February 2012. The home has an assessed value of $147,760 as of 2016. (Exhibit A, Bexar

County deed and 2016 tax statement).

20. It is clear, however, that Wallace actually resides day-to-day in Austin, at another, more

valuable home that she purchased more recently.

21. A deed filed with the Travis County clerks office reflects that, in 2014, Wallace purchased

a residence at 5229 Hutchinson Drive in Austin. (Exhibit B, Travis County deed and 2016 tax

statement). This Austin home has a 2016 appraised value of $212,086. Id.

22. Wallace is currently employed as the chief of staff to State Representative Lyle Larson.

On information and belief, Wallace has worked for Larson since 2005, when he was a Bexar

County Commissioner. Larson has served in the Legislature since 2011.

23. Wallace claims the homestead exemption on her Austin residence. Exhibit B.
4
24. By claiming the homestead exemption in Austin, by definition, Wallace represented to the

Travis County tax assessor that the Austin residence is occupied as [her] principal residence.

Tex. Tax Code 11.13(j)(1)(D).

25. Wallace has struggled to defend the idea that she resides in San Antonio in the face of

simple questions from observers.

26. The San Antonio Express-News reports that she was questioned about her residency during

her interview with the editorial board in mid-March. (Exhibit C, Josh Baugh, Documents:

District 9 candidate doesnt live in San Antonio (San Antonio Express-News, Mar. 16, 2017)).

The Board apparently pointed out that San Antonio Water System (SAWS) records reflect another

womans name listed on the account for the Goldcrest Run home, and Wallace reportedly claimed

the woman was her roommate:

On Wednesday, Wallace told the Editorial Board that the person on the SAWS
account was her roommate. Asked to confirm, again, that the person living at the
Goldcrest Run house shared the space with her, Wallace said, Yes, she is my
roommate.

Id.

27. The Express-News continues:

After the meeting, a reporter asked for the persons contact information. Wallace
said she would share it but asked if she could first take a phone call, though her
cellphone didnt appear to be ringing, and stepped out of the conference room,
saying she would be right back.

She never returned.

Nor did she return a call seeking comment.

Several neighbors said theyve seen a family living in the house and said theyd
never seen Wallace there.

Id.

28. Apparently recognizing that she had a problem, Wallace changed her story. The Express-

News reports:
5
 On Thursday, however, Wallaces story changed after her campaign was presented
with information obtained by the Express-News, including interviews with
neighbors of the Goldcrest Run house who said theyd never seen Wallace there.

The candidate backtracked and said through a campaign consultant that the person
occupying the house isnt a roommate but a tenant who is set to move out this
summer.

The campaign acknowledged Thursday that Wallace cannot enter the house
unannouncedbecause shes a landlord, not a roommate.

Id.

29. It appears that Wallace has lived in Austin since at least 2013, when, according to the

Express-News, the Bexar County Voter Registrar began sending her voter registration cards to her

in Austin, and the SAWS account was transferred to the tenant who remains occupying the

Goldcrest Run home.

Wallace is ineligible to run for San Antonio office because she cannot meet the residency
standard.

30. Residence is defined in the Election Code as follows:

(a) In this code, residence means domicile, that is, ones home and fixed place
of habitation to which one intends to return after any temporary absence.

(b) Residence shall be determined in accordance with the common-law rules, as

enunciated by the courts of this state, except as otherwise provided by this code.

(c) A person does not lose the persons residence by leaving the persons home to
go to another place for temporary purposes only.

(d) A person does not acquire a residence in a place to which the person has come
for temporary purposes only and without the intention of making that place the
persons home.

Tex. Elec. Code 1.015 (emphasis added).

31. To establish residency, the Texas Supreme Court has made clear that both elements

bodily presence and intentmust be met. Mills v. Bartlett, 377 S.W.2d 636, 637 (Tex. 1964).

6
Neither bodily presence alone nor intention alone will suffice to create the residence, but when

the two coincide at that moment the residence is fixed and determined. Id.

32. The Fourth Court of Appeals has recognized and applied this standard, explaining that

under the statute the election officials are to focus on the voters home and fixed place of

habitation. Intention and presence are important evidentiary factors, and a temporary move from

one place to another will neither create a new residence nor lose an old one. Alvarez v. Espinoza,

844 S.W.2d 238, 247 (Tex. App.San Antonio 1992, writ dismd w.o.j.) (emphasis added).

33. Even where intent is sufficient, the Fourth Court of Appeals teaches that residency is not

established if the voters presence in the district is, as a matter of law, too attenuated. Id. at 248;

see also Owens Corning v. Carter, 997 S.W.2d 560, 571 (Tex. 1999) ([A]lthough intent is

necessary to establish a permanent residence, it alone is not sufficient to establish a permanent

residence.) (emphasis in original). In assessing presence, the cases have considered such conduct

as where the voter sleeps and keeps clothes and furniture, and the length of time spent in the alleged

residence. Id.; see also In re Graham, 251 S.W.3d 844, 850-51 (Tex. App.Austin 2008, no pet.)

(for purposes of domicile as related to jurisdiction, evidence that individual slept, gardened,

entertained guests, stored her personal possessions, and generally conducted day-to-day activities

in Travis County conclusively establishes residence in fact and intent to make the residence her

home.).

34. Wallace cannot meet either element necessary for residency under the Election Code, and

therefore she is ineligible to run as a candidate for the District 9 seat.

35. It is now undisputed that Wallace does not actually live day-to-day in San Antonio, and

most likely has not done so sinceat bestsometime in 2013. Wallace admitted, once cornered

by the Express-News Editorial Board, that the person occupying the Goldcrest Run home is her

tenant, not her roommate.

7
36. The facts reveal that Wallace appears to have been living in Austin continuously since at

least sometime in 2013, when she began receiving her voter registration cards in Austin.

37. Because Wallace clearly cannot establish bodily presence in the Goldcrest Run home,

she will likely claim that she has only temporarily vacated the home and intends to return to District

9. However, the facts belie any such claimed intent.

38. The residency statute provides that [a] person does not lose the persons residence by

leaving the persons home to go to another place for temporary purposes only. Tex. Elec. Code

1.015(c). At this point, Plaintiff is unaware whether Wallace ever actually resided in the

Goldcrest Run home before she leased it to the tenant in 2013. But that is immaterial. Even if she

did live there in the past, her actions since 2013 preclude any claim that she moved for temporary

purposes only.

39. If Wallace truly temporarily moved to Austin for work and intended to return to San

Antonio, Texas law afforded her the opportunity to maintain a homestead exemption on her San

Antonio home. The homestead statute expressly states that

A qualified residential structure does not lose its character as a residence homestead
when the owner who qualifies for the exemption temporarily stops occupying it as
a principal residence if that owner does not establish a different principal residence
and the absence is:

(1) for a period of less than two years and the owner intends to return and occupy
the structure as the owners principal residence[.]

Tex. Tax Code 11.13(l).

40. Of course, the documents reveal that Wallace did not take advantage of this opportunity.

Instead, she not only purchased a new, more expensive home in Austin, but she declared it her

principal residence when she claimed the homestead exemption.

41. Wallaces changing story further undermines any bond-fide intent to return to San Antonio.

8
42. If Wallace truly had the requisite present intent to remain a permanent San Antonio

resident, she would not have had any trouble explaining the situation with the Goldcrest Run home.

A person with a bond fide intent to return could easily have explained that her work had taken her

temporarily to Austin, that she was temporarily renting the home to a tenant, and that she intended

to return.

43. Instead, Wallace called the tenant her roommate, and then changed tune when it became

clear the Express-News had interviewed neighbors and reviewed documents.

44. Therefore, Wallace clearly does not actually reside in the District, and the facts also belie

any claim that she has the requisite present intent to permanently reside in San Antonio. She

cannot establish residency under the Election Code.

Application for temporary injunction

45. Plaintiff re-alleges and incorporates by reference all of the allegations contained in all of

the preceding paragraphs.

46. For all reasons stated above, Plaintiff has established likelihood of success on the merits.

Defendant Wallace is not eligible to be a candidate for San Antonio office because she is not a

resident of the City or District 9 under the relevant standard.

47. Because residency is a fact-intensive issue, Von Dohlen requests that this Court set a

hearing to receive evidence and argument as to Wallaces residency.

48. Von Dohlen does not seek to interrupt or delay voting in the May 6, 2017 general election.

There are many other races on the May 6 ballot, and no impact on the May 6 election schedule is

necessary to reach a disposition of these issues as they affect the District 9 race.

49. The Election Code specifically contemplates situations in which it may be necessary to

declare a candidate ineligible even after the candidates name has appeared on the ballot and the

election has been conducted, see Tex. Elec. Code 145.005 (discussed below); 145.096
9
(providing that candidates name must remain on ballot, even if declared ineligible, if declaration

occurs after certain deadlines), and longstanding caselaw provides ample authority to provide an

appropriate remedy.

50. Election Code chapter 145 governs the Withdrawal, Death and Ineligibility of

Candidate[s], and contains this section, contemplating various remedies where votes are cast for

a candidate who turns out to have been ineligible (or deceased or withdrawn):

(a) If the name of a deceased, withdrawn, or ineligible candidate appears on the

ballot under this chapter, the votes cast for the candidate shall be counted and
entered on the official election returns in the same manner as for the other
candidates.

(b) If the deceased, withdrawn, or ineligible candidate receives the vote required
for election, the resulting vacancy shall be filled in the regular manner.

(c) If the deceased, withdrawn, or ineligible candidate and another candidate tie for
the most votes in an election in which a plurality vote is sufficient for election, the
other candidate is considered to be elected. If more than one other candidate is tied
with the deceased, withdrawn, or ineligible candidate, the winner of the election
shall be determined by resolving the tie between the other candidates in the regular
manner for resolving a tie vote in the election.

(d) In a race in which a runoff is required, if the deceased, withdrawn, or ineligible

candidate received the vote that would entitle the candidate to a place on the runoff
election ballot or tied for that number of votes, the candidates in the runoff shall be
determined in the regular manner but without regard to the votes received by the
deceased, withdrawn, or ineligible candidate.

Tex. Elec. Code 145.005.

51. Thus, even after voting in the May 6 election concludes, Wallaces eligibility is in issue, 1

and the Election Code provides discrete procedures depending on the vote tally.

52. Should an ineligible candidate receive[] the vote required for election, the resulting

vacancy shall be filled in the regular manner; that is, by special election. Id. 145.005(c); San

1
In fact, the Code even provides authority for an administrative declaration of ineligibility, without any court
involvement, after the polls close. Tex. Elec. Code 145.003(d) (The presiding officer of the final canvassing
authority for the office sought by a candidate may declare the candidate ineligible after the polls close on election day
and, except as provided by Subsection (e), before a certificate of election is issued.).
10
Antonio, Tex. charter art. II, 8 (Vacancies in the councilarising from any cause with more

than 120 days remaining in the term shall be filled by special election[.]).

53. Should an ineligible candidate receive the vote that would entitle him or her to a place in

the runoff, or tied for that number of votes, the candidates in the runoff shall be

determinedwithout regard to the votes received by theineligible candidate. Tex. Elec. Code

145.005(d).

54. Accordingly, and provided the Court determines that Von Dohlen is likely to succeed on

the merits in establishing that Wallace is not eligible, Von Dohlen requests an injunction

prohibiting the Defendant City of San Antonio from giving effect to votes cast for Wallace, in the

manner and to the extent necessary to protect any rights to which Von Dohlen is entitled under the

Election Code and any other applicable law.

55. Defendants actions will have an irreparable effect on Plaintiffs interests in this election

unless timely restrained, and this Court has authority to issue appropriate orders to protect Von

Dohlens rights as a candidate. Bird v. Rothstein, 930 S.W.2d 586, 587 (Tex. 1996) (Texas

Supreme Court noting that it had ordered the Secretary of State to notify election officials in

District 108 to stop printing and mailing ballots pending further order of this Court, while

determining whether relator was entitled to be included on ballot).

56. Money damages cannot adequately compensate these injuries and, absent injunctive relief,

the injuries will be irreparable. Plaintiff has no adequate remedy at law. Accordingly, appropriate

injunctive relief is necessary.

Prayer

WHEREFORE, PREMISES CONSIDERED, Plaintiff/Applicant respectfully requests that this

Court:

11
1. Set a scheduling hearing to determine, and set, an appropriate date for a hearing on Plaintiffs

application for temporary injunction which provides sufficient time for service of trial

subpoenas for said hearing;

2. Enjoin the Defendant City of San Antonio from giving effect to votes cast for Wallace, in the

manner and to the extent necessary to protect any rights to which Von Dohlen is entitled under

the Election Code and any other applicable law;

3. Set this cause for expedited trial on the merits;

4. Recognize and declare that Von Dohlen has justiciable rights to appropriate relief and declare

that Wallace is not eligible to run as a candidate for, or serve as, District 9 councilmember;

5. Award Plaintiff costs of this action, as well as all reasonable and necessary attorneys fees

pursuant to the Texas Uniform Declaratory Judgment Act and/or any other relevant authority;

and

6. Grant all other relief to which Plaintiff may be entitled.

Respectfully submitted,

_____________________________________
Jerad Wayne Najvar
Texas Bar No. 24068079
jerad@najvarlaw.com
Andrew S. Patchan
Texas Bar No. 24102332
andrew@najvarlaw.com
NAJVAR LAW FIRM, PLLC
4151 Southwest Freeway, Suite 625
Houston, TX 77027
281.404.4696 phone
281.582.4138 fax
Counsel for Plaintiff Von Dohlen

12
Orig Pet & App. for Temp. Inj.
Exhibit A
Orig Pet & App. for Temp. Inj.
Exhibit A
Orig Pet & App. for Temp. Inj.
Exhibit A
 ALBERT URESTI, MPA, PCC
Bexar County Tax Assessor-Collector
2016 REAL PROPERTY 19207-001-0750
04/14/2017 (ACCOUNT NUMBER)
~~192070010750.2016_.pdf~~

OWNER:
LEGAL DESCRIPTION:
WALLACE LYNLIE
NCB 19207 BLK 1 LOT 75 STONE OAK VILLAS 5229 HUTCHINSON DR
SUBD UT-2 AUSTIN, TX 78723-6037

ACREAGE: .0781 LOCATION: 22250 GOLDCREST RUN

APPRAISED VALUE CAP VALUE HOMESTEAD VALUE NON-QUAL VALUE
LAND IMPROVEMENT
30,140 117,620 0 147,760 0
AGRI. MKT VALUE PROD VALUE ASSESSED VALUE
0 0 147,760

TAXING UNIT EXEMPTIONS TAXABLE VALUE TAX RATE TAX AMOUNT

FLOOD FUND 0 0 0 0 147,760 0.015700 23.20

ALAMO COMM COLLEGE 0 0 0 0 147,760 0.149150 220.38
HOSPITAL DISTRICT 0 0 0 0 147,760 0.276235 408.16
BEXAR COUNTY 0 0 0 0 147,760 0.293250 433.31
S A RIVER AUTHORITY 0 0 0 0 147,760 0.017290 25.55
CITY / SAN ANTONIO 0 0 0 0 147,760 0.558270 824.90
NORTH EAST ISD 0 0 0 0 147,760 1.385000 2,046.48
TAXES FOR 2016: $3,981.98
PENALTY AND INTEREST ADDED FOR 2016: $0.00
PAYMENTS MADE IN 2016: $3,981.98
AMOUNT DUE FOR 2016: $0.00
IF YOU BELIEVE THIS STATEMENT WAS MAILED TO YOU IN ERROR, PLEASE CALL OUR OFFICE AT (210) 335-2251.
School Information:
NORTH EAST ISD 2016 M&O 1.0400000 I&S .34500000 Total 1.3850000 2015 M&O 1.0400000 I&S .37500000 Total 1.4150000

DETACH HERE AND RETURN WITH PAYMENT 5.1.97

Para obtener informacion, por favor llame (210) 335-2251. Please call (210) 335-2251 for information.
ASSESSMENT RATIO FOR ALL UNITS IS 100% SEE BACK OF STATEMENT OR NEWSLETTER FOR IMPORTANT TAX INFORMATION.

04/14/2017 2016 Payment Amounts If Paid In: DELINQUENT AFTER

APR 2017 0.00 JANUARY 31, 2017
MAY 2017 0.00 AMOUNT PAID:
JUN 2017 0.00

MAKE CHECK PAYABLE TO:

19207-001-0750 ALBERT URESTI, MPA, PCC
WALLACE LYNLIE BEXAR COUNTY
5229 HUTCHINSON DR TAX ASSESSOR-COLLECTOR
AUSTIN, TX 78723-6037 P O BOX 2903
SAN ANTONIO, TX 78299-2903
WWW.BEXAR.ORG/TAX 210-335-2251
TO PAY BY PHONE, CALL 1-888-852-3572
Orig Pet & App. for Temp. Inj.
Exhibit A



 ELECTRONICALLY RECORDED 2014087029
TRV 3 PGS

\':), &c-- oH \4 to11LI-

WARRANTY DEED WITH VENDOR'S LIEN
NOTICE OF CONFIDE'NTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECIDUTY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

June 13, 2014 Loan Number: 10504870

THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRAVIS

THAT JOHN ARTHUR B.i\.KER, hereinafter called "Grantor" (whether one or more), for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor paid by
LYNLIE WALLACE, whose mailing address is, 5229 HUTCHINSON DR, AUSTIN, TX 78723, hereinafter
called "Grantee" (whether one or more), the receipt of which is hereby acknowledged and confessed, and the further
consideration of the execution and delivery by Grantee of one certain Promissory Note in the principal sum of
($206,150.00) TWO HUNDRED SIX THOUSAND ONE HUNDRED FIFTY AND N0/100, of even date
herewith, payable to the order of THE FIRST NATIONAL BANK OF TRENTON hereinafter called
"Mortgagee," bearing interest at the rate therein provided; said Note containing the usual reasonable attorney's fee
clause and various acceleration of maturity clauses in case of default, and being secured by Vendor's Lien and
superior title retained herein in favor of said Mortgagee, and being also secured by a Deed of Trust of even date
herewith from Grantee to
LEW DONAGHEY
P.O.BOX4
TRENTON, TX 75490, Trustee; and
WHEREAS, Mortgagee has, at the special instance and request of Grantee, paid to Grantor a portion of the
purchase price of the property hereinafter described, as evidenced by the above-described note, said Vendor's Lien
and Deed of Trust lien against said property securing the payment of said Note are hereby assigned, transferred and
delivered to Mortgagee, Granter hereby conveying to said Mortgagee the said superior title to said property,
subrogating said Mortgagee to all the rights and remedies of Gran tor in the premises by virtue of said liens; and
Grantor has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY unto said Grantee, the following described property, to-wit:

LOT 33, BLOCK C, SENATE IDLLS SUBDMSION SECTION ONE, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN DOCUMENT NO. 200600054, OFFICIAL l'UBLIC RECORDS,
TRAVIS COUNTY, TEXAS.

TO HAVE AND TO HOLD the above-described premises, together with all and singular, the rights and
appurtenances thereunto in anywise belonging unto said Grantee, his heirs and assigns, forever. And Grantor does
hereby bind himself, his heirs, executors and administrators, to warrant and forever defend all and singular the said

Warranty Deed With Vendor's Lien

Page 1 of 3

Orig. Pet. & App. for Temp. Inj.

Exhibit B
 Loan Number: 10504870

premises unto said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.

Taxes for the current year have been prorated and their payment is assumed by Grantee.

This conveyance is made subject to any and all valid and subsisting restrictions, easements, rights of way,
reservations, maintenance charges together with any lien securing said maintenance charges, zoning laws,
ordinances of municipal and/or other governmental authorities, conditions and covenants, if any, applicable to and
enforceable against the above-described property as shown by the records of the County Clerk of said County.

. The use of any pronoun herein to refer to Grantor or Grantee shall be deemed a proper reference even
though Grantor and/or Grantee may be an individual (either male or female), a corporation, a partnership or a group
of two or more individuals, corporations and/or partnerships, and when this Deed is executed by or to a corporation,
or trustee, the words "heirs, executors and administrators" or "heirs and assigns" shall, with respect to such
corporation or trustee, be construed to mean "successors and assigns."

It is expressly agreed that the Vendor's lien is retained in favor of the payee of said Note against the above
described property, premises and improvements, until said Note and all interest thereon shall have been fully paid
according to the terms thereof, when this deed shall become absolute.

EXECUTED this_\_-_day of __ o
--++-l){lt&---- _l}JJ_L_4__

--p1-1r-_____=---- Date

Warranty Deed With Vendor's Lien

Page 2 of3

Orig. Pet. & App. for Temp. Inj.

Exhibit B ----------
------- --------
 Loan Number: 10504870

STATE OF TEXA
County of 1'V'a1
$

Before me 13va.,nlt L. on this day personally appeared

JOHN ARTHUR BAKER

known to me (o roved to me on the oath of____________________ or through

_,.l?
::tX ..Li[..... ) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration
therein expressed. 11'1.."it--- 11 till I,
GIVEN under my hand and stamp of office this \''.,,' - day of Q._ U/\1\.Q , _,u.;
__'1'

(Seal)

tl:*\1 MY COMBRANMISDISIOL. NHALEXPE IRES

...\,,'}''/.:'._,,
/t-"-,t;.. Title ofNo ari
',,:,,:?.J November 9, 2016
My Commission Expires: __________

After Recording, Please Mail To Grantee: LYNLIB WALLACE

5229 HUTCHINSON DR
AUSTIN, TX 78723

Warranty Deed With Vendor's Lien

Page 3 of3

----- - ----- . . ---- --- -------- ..

FILED AND RECORDED

OFFICIAL PUBLIC RECORDS

DANA DEBEAUVOIR, COUNTY CLERK

TRAVIS COUNTY, TEXAS
Orig. Pet. & App. for Temp. Inj. June 16 2014 10:12 AM
Exhibit B FEE: $ 34.00 2014087029
 Bruce Elfant Travis County Tax Office
TaxAssessor - Collector 5501Airport Blvd.
P.O. BOX 149328 Austin, TX 78751-1410
Austin, TX 78714-9328 Pay onlineat www.traviscountytax.org
(512) 854-9473 SE HABLA ESPANOL

TRAVIS COUNTY TAX BILL

Taxes for the current year {2016) are due upon receipt. Payments by mail are credited according to U.S. Postmark (not meters).
Taxes not paid in full by January 31 are charged penalty and interest by state law and may be subject to legal fees. Penalty and
interest is added on the 1st day of each month as follows, with an additional 12% interest charged per year thereafter:

February 7% May 13% August 19% November 22%

March 9% June 15% September 20% December 23%
April 11% July 18% October 21% January 24%
IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED, AND YOU OCCUPY THE PROPERT Y DESCRIBED
IN THIS DOCUMENT AS YOUR RESIDENCE HOMESTEAD, YOU SHOULD CONTACT THE APPRAISAL DISTRICT
REGARDING ANY ENTITLEMENT YOU MAY HAVE TO A POSTPONEMENT IN THE PAYMENT OF THESE TAXES.

.-
Electronic Payment Options
Pay taxes and print bills at www.traviscountytax.org.
Payments made via credit card or electronic check are subject to an additional fee.
Visit www.traviscountytax.org for details.

Ehfi! VISA. L..:::::.dj CREDIT

2016 PROPERTY TAX NOTICE. THEAPPRAISED VALUE IS: 212,086

EXEMPTIONS: Exemption/Freeze Code: HOMESTEAD EXEMPTION

1 TAXES DUE 2 EXEMPTION AMOUNTS 3 NET TAXAIILE 4 TAX RATE 5 TAXAMOUNT 6 BIWNG NO
TAXING UNIT VALUE PER$100
AUSTIN ISO 25,000 187,086 1.192000 2,230.07
799507
CITY OF AUSTIN (TRAV) 16,967 195,119 0.441800 862.04
TRAVIS COUNTY 42,417 169,669 0.383800 651.19 PROPERTY
7
TRAVIS CENTRAL HEALTH 42,417 169,669 0.110541 187.55

I
REAL PERS
ACC (TRAVIS) 5,000 207,086 0.102000 211. 23
X

8 PROPERTY DESCRIPTION
Your Statement has been mailed to:
WELLS FARGO HOME MORTGAGE 5229 HUTCHINSON DR AUSTIN

Im 33 BLK C SENATE HILLS SUBD SEX: l

WALLACE LYNLIE
5 2 29 HUTCHINSON DR
AUSTIN TX 78723-6037 19 REF ID 2

0 2152407330000
110 DUE DATE 111 TOTAL DUE

0113112017 I 4,142.08

DETACH AND RETURN BOTTOM COUPON WITH YOUR PAYMENT

*YOUR CHECK MAY BE CONVERTED INTO AN ELECTRONIC FUND TRANSFER
12 BILLING NO. 13 DUE DATE 14 TOTAL DUE

799507 01/31/2017 4,142 . 08

PAY the TOTAL DUE by the above DUE DATE to avoid added
penalty & Interest charges. Checks MUST be In U.S. funds.
.j
Pay to: TRAVIS COUNTY TAX OFFICE
15
AMOUNT ENCLOSED
I
I lF
P.O. BOX 149328

,,
Austin, TX 78714-9328
116 THIS PAYMENT IS NOT RECEIVED BY DUE DATE,
Pay online at www.travlscountytax.org PAY THIS AMOUNT IN
4,432.02 FEB 2017
VISA ---
NEW ADDRESS

Orig. Pet. & App. for Temp. Inj.

Exhibit B
 TRAVIS COUNTY TAX OFFICE TRAVIS CENTRAL APPRAISAL DISTRICT
(512) 854-9473 www.lmrlscountyl.ax.org (512) 834-9138 www.lnlvlscad.org
Contact the Tax Offlca for questions about: Contael the Appralool Dlotrlct for queollono about:
Tax Amounts Tax BIiis Address Corradlons Exemptions
1l!x Rates Due Dates OWnership Property Vmue
LIABILITY
By state law, failure to receive a tax bill does not relieve the property owner of the tax, penalty or interest liability.
The Tax Office has no legal authority to waive penalty or interest
Taxes not paid in run by January 31 are charged penalty and interest by state law. Unpaid accounls run a high risk of legal action being taken.
On REAL PROPERTY (land and buildings), the owner on January 1 of the tax year, and the current owner, can be held liable for any unpaid taxes on the property.
On PERSONAL PROPERTY (business inventory, equipment, etc.), the person who owned the property on January 1 of the tax year is personally liable for the entire year's
amount due, even tf the property is sold.
The assessment ratio for the taxing units on this tax bill is 100%.

FIVE YEAR TAX HISTORY Parcel ID:

II I I II
Disclaimer: This information is provided to the taxpayer per Senate Bill 18 and House Bill 1984, amended subsection (c) and added subsection (c-1) to

I I I I I
Section 31 O1 of the Tax Code enacted by the legislature of the State of Texas
Tax Imposed Tax Imposed
Change From Change From
I Previous Tax Tax Previous
J!:r G: Awalsed Value Taxable Value Tax Rate Tax Imposed Year Year Unil Appraised Value Taxable Value Tax Rate Tax Imposed Year
201' IMJ 212,086 187,086 1.192000 2,230.07 -7.46 2015 !AU 200,476 200,478 1.202000 2.>9.72 22.99
CAT 212,066 195,118 0.441800 862.04 -6.30 CAT 200,476 200,476 0.458900 919.98 8,11
212,086 169,669 0.383800 651.19 22.09 200,476 200,476 0.416900 835.78

'"
TCO TCO 30.58
THD 212,086 169,669 0.110541 187.55 -20.S7 THO 200,476 200,476 o.11n81 236.12 33.18
ACT 212.066 207,086 0.102000 211.23 ACT 200,476 200-'76 0.100500 20U8 25.57

Total

......
Total

...
4,142.08 -10.02 4.&03.08 21.77

!AU 175,331 160.331 1.222000 1.959.24 18.37 2013 IAU 148,265 133,265 1.242000 1,655.15 7.92

,
201'
CAT 175,331 175,331 0.460900 843.17 13.13 CAT 148,265 148,265 0.502700 745.33 7.02
TOO 175,331 140,265 0.458300 640.03 9.10 TCO 148.265 118,612 0.494600
T><D 175,331 140,265 0.126400 mn 15.87 T><D 1'8,265 118,612 0.129000 153.01 74.95
ACT 175.331 170.331 0.094200 160.45 18.01 ACT 148,265 143,265 0.094900 135.96 7,11

Total 3.780.18 15.39 Total 3,276.10 9.26

2012 IAU 138,MIZ 123.482 1.242000 1,533.65 7.09 2011 IAU 147,900 132.900 1.242000 2,230.07
CAT 138,482 138.482 O.S02900 696.43 2.12 CAT 147.900 147,900 0.481100 862.04
TCO 138,482 110.786 0.,00100 554.04 -3.55 TCO 147.900 1111.320 0.485500 651.19
T><D 138,482 110.786 0.0711948 87.46 .31 T><D 147,900 118.320 0.078900 1117,55
ACT 1311,482 133.482 0.095100 126.94 .. .30 ACT 147.900 142.900 0.094800 211.23

Total Total

I I I I I ...,-I I I
2,998.52 -5.27 3.165.43

I Taxable

- I Tax
I
Five Veer-. of Change

G: Appraised Value Appraised Value Tax- Value Taxat,e Value Tax Rate Tax Rate Tax Imposed Tax Imposed Value Rate Imposed
__ ..,,-
Appraised Tax

,u ,,, ,.,.- 132,900 , 1.m= 2.230.UI = Value

<J.4U -.w .OU

TCO
CAT 212,086 147,900 195,119 147,900 0.441800 0.481100 862.04 711.55 43.40 31.93 -8.17 21.15

THO
212,086 147,900 169,669 118,320 0.383800 0.485500 651.19 574.44 43.40 43.40 20.95 13.36
212,086 147,900 169,669 118,320 0.110541 0.078900 187.55 93.35 43.40 43.40 40.10 100.91
ACT 212,086 147,900 207,086 142,900 0.102000 0.094800 211.23 135.47 43 ..40 44.92 7.59 55.92

Total 4.142.08 3165.43 30.85

SCHOOL DISTRICT M,O/OEBT RATE INFORMATION

UNIT M&O DEBT M&O DEBT

IAU - AUSTIN ISD 2016 2015
CAT CITY OF AUSTIN (TRAV)
TAXING
TCO TRAVIS COUNTY
THD - TRAVIS CENTRAL HEALTH IAU 1. 079000 0 .113000 1. 079000 0. 123000
ACT ACC (TRAVIS)

Make payments payable to TRAVIS COUNTY TAX OFFICE

The malling address Is P.O. BOX 149328, AUSTIN, TEXAS 78714-9328.
Payments mailed for current taxes showing a postmark on or before January 31 (or the next business day if January 31 falls on a w eekend) will be considered
timely payment upon receipt.
DO NOT MAIL CREDIT CARD PAYMENTS!
You may pay property taxes (current. delinquent. and partial payments) online at www.traviscountytax.or g with an American Express, Visa. MasterCard,
or Discover credit card or by electronic check from your bank account. AU payments made with cards, electronic checks, whether by phone, or in person will
include an additional fee.
Call (512) 854-9473 if you have questions about paying property laxes. SE HABLA ESPAf.lOL.

Orig. Pet. & App. for Temp. Inj.

Exhibit B
4/14/2017 Documents:District9candidatedoesntliveinSanAntonioSanAntonioExpressNews

Local

Documents:District9candidate
doesntliveinSanAntonio
By Josh Baugh | March16,2017 | Updated:March16,20178:30pm

Photo:JuanitoM.Garza/SanAntonioExpressNews

IMAGE1OF2
District9CityCouncilcandidateLynlieWallacetalkstotheExpressNewsEditorialBoardlastweek.Areadersaysher
dishonestyregardingherresidencewillcosther.

Orig. Pet. & App. for Temp. Inj.

http://www.expressnews.com/news/local/article/DocumentsDistrict9candidatedoesntlivein11008125.php 1/5
Exhibit C
4/14/2017 Documents:District9candidatedoesntliveinSanAntonioSanAntonioExpressNews

LynlieWallace,whohasbeenseenasaserious
contenderintheDistrict9CityCouncilrace,does
notactuallyresideinthepoliticaljurisdictionshe
hopestorepresentoreventhecityofSan
Antoniointerviewsanddocumentsshow.

AtaSanAntonioExpressNewsEditorialBoard
meetingthisweek,Wallaceacknowledgedquestions
aboutherresidencyhavebeenatopicintheDistrict
9raceandemphasizedherprimaryresidenceisata
houseontheNorthSide.

ShetoldthenewspaperthatawomanwhohasbeenthelistedaccountholderontheSanAntonio
WaterSystemaccountfortheaddresssince2013wasaroommate.

OnThursday,however,Wallacesstorychangedafterhercampaignwaspresentedwith
informationobtainedbytheExpressNews,includinginterviewswithneighborsoftheGoldcrest
RunhousewhosaidtheydneverseenWallacethere.

Thecandidatebacktrackedandsaidthroughacampaignconsultantthatthepersonoccupying
thehouseisntaroommatebutatenantwhoissettomoveoutthissummer.

Questionsoverherresidencyarose,inpart,
becausepropertyrecordsshowshealsoowns
ahomeinAustin,wheresheclaimsahomesteadexemption,whichisataxbreakontheproperty
apersonownsandoccupiesashisorherprincipalplaceofresidence.

Citylawmandatescandidatesmusthavelivedinthecityforayearandinthedistricttheyre
runninginforsixmonthsprecedingtheirfilingforaplaceonthemunicipalballot.Wallacefiled
herapplicationonJan.25,meaningthatshewouldhaveneededtobelivinginSanAntonioby
July25,2016.

Wallace,whosthechiefofstaffforstateRep.LyleLarson,RSanAntonioandthegirlfriendof
U.S.Rep.WillHurd,RSanAntonio,isamong10contendersseekinganopenDistrict9seatin
theMay6nonpartisancouncilelection.

Orig. Pet. & App. for Temp. Inj.

http://www.expressnews.com/news/local/article/DocumentsDistrict9candidatedoesntlivein11008125.php 2/5
Exhibit C
4/14/2017 Documents:District9candidatedoesntliveinSanAntonioSanAntonioExpressNews

CityClerkLeticiaVacekcouldnotbereachedforcomment,butshehassaidresidencyissues
havetoberesolvedindistrictcourt.Earlierthisyear,District8candidateMannyPelaezfaced
similarquestionsaboutresidency.Pelaezcontinuestocampaignandhasdeniedany
wrongdoing.

WallacetoldthenewspaperonWednesdayduringtheEditorialBoardmeetingfortheDistrict9
racethatthehomeonGoldcrestRun,whichshesownedsince2012,isherprimaryresidence.
ShesaidsheisregisteredtovotethereandlivestherewhenshesnotstayinginherAustin
houseduringthelegislativesession.

IspendpartofmytimeinAustinforwork,butIliveinSanAntonio,saidWallace,33.Istay
there(attheAustinhome)sometimeswhenImthereforwork.

ThecampaignacknowledgedThursdaythatWallacecannotenterthehouseunannounced
becauseshesalandlord,notaroommate.

PublicrecordsshowshepurchasedthehouseonGoldcrestRun,valuedlastyearbytheBexar
CountyAppraisalDistrictat$147,760,inFebruary2012.TravisCountyrecordsshowshe
purchasedahouse,valuedlastyearat$212,086,innortheastAustininJune2014.

ThoughWallacesvoterregistrationhasbeentiedtotheSanAntonioaddressforyears,
beginningin2013,theBexarCountyElectionsOfficebeganmailingWallacesvoterregistration
cardstoaddressesinAustin.

ThatsthesameyearthatthenameontheSAWSaccountfortheGoldcrestRunaccountchanged
fromWallacestoanotherperson.Theaccountstillisactiveinthatpersonsname,accordingto
SAWSrecordsobtainedundertheTexasPublicInformationAct.

OnWednesday,WallacetoldtheEditorialBoardthatthepersonontheSAWSaccountwasher
roommate.Askedtoconfirm,again,thatthepersonlivingattheGoldcrestRunhouseshared
thespacewithher,Wallacesaid,Yes,sheismyroommate.

Afterthemeeting,areporteraskedforthepersonscontactinformation.Wallacesaidshewould
shareitbutaskedifshecouldfirsttakeaphonecall,thoughhercellphonedidntappeartobe
ringing,andsteppedoutoftheconferenceroom,sayingshewouldberightback.

Sheneverreturned.
Orig. Pet. & App. for Temp. Inj.
http://www.expressnews.com/news/local/article/DocumentsDistrict9candidatedoesntlivein11008125.php 3/5
Exhibit C
4/14/2017 Documents:District9candidatedoesntliveinSanAntonioSanAntonioExpressNews

Nordidshereturnacallseekingcomment.

Severalneighborssaidtheyveseenafamilylivinginthehouseandsaidtheydneverseen
Wallacethere.

OnThursday,throughhercampaignmanager,Wallacewalkedbackuseofthetermroommate.
Thepersonlivinginthehomeisatenant,notaroommate.

Lynliemisspokeandwantedtoamendthat,campaignconsultantJustinHollissaid.

Inapreparedstatement,WallacesaidshellbeinSanAntonioifsheselectedtotheDistrict9
seat.

IhavefoughtforandservedtheconstituentsofDistrict9forthepast11yearsinmultiple
publicserviceroles.Fromtimetotimemyworktakesmeawayfromhomeonatemporary
basis,shesaid.Giventheopportunitytoserve,Iwillberighthere,atmyhomeinDistrict9,
onehundredpercentofthetime.

MarcoBarrosandJohnCourage,twocandidatesinthe10wayrace,saidtheydheardthe
questionssurroundingWallacesresidency.

BarrossaidhethoughtWallacesresponsesattheEditorialBoardmeetingwereconfusingand
raisedseveralquestions.Couragesaidshedoesntappeartobeaqualifiedcandidate.

Peopleinthedistrictneedtoknowatleastthattheressomedishonestybehindhercampaign,
hesaid.

jbaugh@expressnews.net

Josh Baugh
SeniorReporter|San
AntonioExpressNews

2017 Hearst Communications Inc.

Orig. Pet. & App. for Temp. Inj.

http://www.expressnews.com/news/local/article/DocumentsDistrict9candidatedoesntlivein11008125.php 4/5
Exhibit C