Kinder Morgan appeal to be heard Sept. 19

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Kinder Morgan’s appeal of a ruling issued in its motion to dismiss a case filed by four Scurry County taxing entities will be heard in September.
The 11th Court of Appeals in Eastland will hear the appeal at 2 p.m. Sept. 19. Each side will be given 20 minutes to present arguments, the notice stated.
Kinder Morgan is appealing District Judge Ernie B. Armstrong’s ruling that its motion to dismiss the case filed by Scurry County, Snyder ISD, Scurry County Hospital District and Western Texas College was not filed in a timely manner. 
The entities are seeking to have the district court order the reappraisal of Kinder Morgan’s mineral values from 2012-18 after the Scurry County Appraisal Review Board denied the request in June 2018.
Kinder Morgan attorney Jack Shepherd said during a March 13 hearing in Snyder that the entities’ attorney, Brent Lemon, filed an amended motion claiming fraud, resetting the appeal deadline. Armstrong ruled that fraud was not a new legal action in this case.
In its appeal, Kinder Morgan wrote that Lemon’s second amended petition “alleged for the first time that Kinder Morgan knowingly and purposefully made misrepresentation to Scurry (County Appraisal District) CAD and (Thomas Y.) Pickett (and Company) in an effort to evade taxes. This new claim is a ‘legal action’ implicating Kinder Morgan’s constitutional rights under the TCPA.”
Lemon responded in his brief to the appeal court that fraud was always an issue.
“The Original Petition placed Kinder Morgan on notice that taxpayer fraud and ‘free speech’ representations and misrepresentations were at issue,” he wrote. “Specifically, Kinder Morgan knew that the renditions and information (sought by the Taxing Units for months) related to and served as a basis for the Taxing Units’ claim. In fact, while essentially ignored in Kinder Morgan’s Brief, it is never disputed that the Original Petition related to and was based on the renditions and information which is the ‘free speech’ subject of the Kinder Morgan TCPA Motion to Dismiss. The Second Amended Petition did not present any new legal action, new party, or prayer for relief not previously contained in the Original Petition.”
In March, Armstrong wrote that Kinder Morgan filed its TCPA, also known as anti-SLAPP, motion to dismiss 110 days after being served with the lawsuit. A defendant has 60 days to respond with a motion to dismiss, according to Lemon. Armstrong, in his ruling, concurred with Lemon.
Lemon’s services may be at no cost to the entities unless future settlements or judgments are reached in the matter. If that occurs, Lemon will receive 20 percent of any settlement or judgment. U.S. Consults, LLC, would also receive 20 percent of any settlement or judgment.
If the appeals court overturns Armstrong’s ruling, the taxing entities could be required to pay Kinder Morgan’s attorneys’ fees.