There is a lot of misinformation. The City did not vote to terminate
the contract. They agreed the contract was void per the terms of the
Court's order. Termination and void are completely different
concepts. I watched the video of the council meeting where they voted
that the contract was void and think the City Attorney should have
done a better job clarifying what was being proposed. The Mayor has
said repeated things that could only be designed to help Mr. Wight.
The Mayor said the Alvin property could not be part of the Austin suit
despite the fact of the Brazoria county property is specifically
mentioned in the post-facto resolution giving the Mayor power to
pursue the suit and specifically included in the City's pleadings. In
my opinion, the Council should move immediately to terminate the June
1 resolution giving the Mayor any authority. The Mayor needs an
aggressive lawyer for the City deposing him. He has taken multiple
inconsistent positions. His latest position in my non-legal opinion
was essentially that he voted to violate the Charter to enter into the
deal. As such, the way the Charter is written he should be willing to
accept personal liability if that is his position per the terms of the
Charter.
The City's defense needs to point out that the Mayor has taken
positions contrary to the City. The City's attorneys need to
represent the City and no one should rely on "legal conclusions" given
by the Mayor to reporters. He is a real estate broker. The Mayor's
credibility will be suspect in any proceeding given past performance.
However, Wight's side will want to rely on the Mayor's positions and
the City will need to aggressively depose and discredit the Mayor's
comments. We need attorneys that zealously represent the City.
The suit may just be a way to get the Council to agree to settle with
Wight. Wight is liked by many on Council. If the number at suit is
$1.2 million, they will try to justify giving him a big settlement
based on that figure. Mind you, open records request show nothing
supporting that number. The City should adopt an aggressive defense
and seek attorneys fees and costs from Wight. Wight did not intervene
in the Austin lawsuit and had the same notice as everyone else. In
fact, the City Council usually had a construction contract for Wight
on the agenda on the same days they were talking about the Brazoria
County land.
I disagree with suing Olson and Olson. Council knew there were issues
and decided to move forward and throw caution to the wind. Wight knew
there were issues and refused to mitigate his damages.