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MUSEUM OF THE AMERICA]\ Corporation
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CITY OF DALLAS
DEFENSES',
oRIGTN{!-{I:WE& ANDtIIlTMArrvE
DEFENDANTS
couNrEn-pr,n'ir-liliJ-C1-*Ili;idixrMtorrnxolNrANDcouNrER-
s
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COURT:
TO THE HONORABLE
COMESNowDefendantMUSEUMoFTHEAMERICANRAILROAD(the
.oMuseum,,),aTexasNon-ProfitCorporation,andfilesitsoriginalAnswertoPlaintiffsoriginal
Relief and
counterclaims, Request for Injunctive
Defenses,
petition, arong with Affrrmative
TheDefendantspecificallydenieseachandeveryiteminPlaintiffsoriginalPetition,
whicilisthebasisofPlaintifflsactiorr'r:,ldemandsstrictproofthereof.
II.
Relief Requested
TheDefendantrequeststhatPlaintifftakenothingbythisactionandthattheDefendant
recovercostsofCourtandallotherrelieftowhichitmaybeentitled.
il.
Affirmative Defenses
t
ANDDEFENDANT A.
TheMuseumwouldshowthatevenifPlaintiffcouldproveitsclaims,Defendantisnot
liable Plaintiff for the following reasons:
to
or contributedto the Plaintiff s injury by
1. The plaintiff s own actsor omissionscaused
failing to put the implied contractin writing;
it had consentto entefthe dedicated
2. The Defendant'sactionswerejustified because
over 60 yearsago to be used as a
property;the city of Dallas deaicateothis land especiallyin regards
public 6 teachutooith" role of the railroadin history,
undertakento fulfill this
city of Dallas. The Museum has consistently
to the"i"r."*
dedicatedPurposesincethattime;
it has engagedin misrepresentingthe
3. The Plaintiff does not have clean hands; Mrye.ummoving out of
conversations betweenthe City andMuseumil i"tqJt"to the
eiforcernent and health department
Fair park, and further, it i.-;tili"i"g itt code
personnelto harassthe Defendant;
trespassin.that the Museum has been
4. The Plaintiff is estoppedfrom claiming
fo' outt 47 years-andthe Museumhas
occupyingthe dedicatedsit"-for tte Vt rsJu-
the city of Dallas' the Museum
fully complied with ttre mutuai agreementbetween
andthe StateFair of Texas;
public nuisancein that the Museumhasbeen
5. The Plaintiff is estoppedfrom claiming 47 yeqland th: Museumhasfully
occupyingthe dedicatedsite for the M,rs..r- for
city of Dallas,the Museumandthe
compheJ-withthe mutual agreementbetweenthe
StateFair of Texas;and'
asto Plaintiff s atternptsto force
6, The DefendantassertsImpossibilityof Performance
Defendantto move off tne dedilated property -Further,2010, becausethe
b-y August.l,
al so. thereare a nurnber
Defendantdoesnot havethe financial resourcesio
laying track, and installing a new
of prerequisites,such as p,"pu1''g the new site,
switchontheBNSFmainline,that-mustoccurbeforetheDefendantcanmove.
#;,
the propertynow known as
purchased
on April 5, 1904,the city of Dallas(the "city")
purchaseincludeda specific,written conditionthat
Fair park from the Texasstate Fair.r The
TexasStateFair,now known asthe StateFair of
eachyearthe City shallleasethe propertyto the
RailroadgraciouslydonatedtheT&P #638,a
Texas(..StateFair,,).2|n |949,the Texas& Pacific
smetter.The Publicwasoutraged'
DuetotheTexas&PacificRailroad,scontinuousinvolvementwiththeStateFairsince
Railroad
1886 and in reaction to the public outcry' the Texas & Pacific
its inception in
approachedStateFairofficialstoproposeapossiblereplacementoftheT&P#638.TheTexas&
any more steam l0comotives, so the Texas& pacific Railroad
pacific Railroaddid not have
#638'
search for a suitable substitute for the "neglectedandscrapped"T&p
begana nation_wide
#3001' a steam
the Texas & Pacific Railroad locatedthe New York central
Fortuitously,
the scrapped #63g,generously purchasedthe locomotive'and at its
locomotivevery similar to
locomotiveand
refurbished the locomotive to like new condition,repaintedthe
own expense,
andrenumbered it theT&P #909'
tenderto resemblea T&p rocomotive,
#909to
afterall work was completed on thenew #909,T&P graciouslydonated
In 1957,
was also
Fair for the citizens of the city. As beforewith the T&P #638,T&P #909
the state
asthe#638'
placedon the samededicatedproperty
cowrERcLArMs,DEFENDANl!,1?71fui-:'ffi
'f.Y;iff#'Xfi i|::{if'!l^if
FoR DIscLosuRES-Page
3
;!:H?TI*RELIEF'
K;;?""'#;;#;;;'friiir"s nnaunsr
Inordertopreventasecondlocomotivefrombecomingscrapmetal,andtoavoidanother
and the city madearrangernents with the southwestern
pubric relationsdisaster,the state Fair
(the ,.sRHS"),a literarysociety,to takeon the taskof protectingand
RailroadHistorical Society
or
the T&p #g0g. Just to keep a steamrocomotive(or any type of locomotive
maintaining
andthe
rusting and deterioratingrequires constantwork and diligence,andthe city
railcar) from
alsorequire
the necessaryeffort. Locomotivesandrailcars
StateFair werenot willing to put forth
per year
paint, materials and specialservices, typically thousandsof dollarsor more
moneyfor
preservation business,acceptedtheresponsibilityso
per unit. The sRHS, despitenot beingin the
would never meet the scrapper,s torch,andthe public would be ableto learn
that the T&p #g0g
abouttheimportanceof railroadhistory'
(the "Parties")all participatedin this implied
The SRHS,the city and the StateFair
the T&p #g0g in optimum condition for thebenefitof not just railroadfans,but
contractto keep
becauseof
general public. The T&p #g0g was a recurringhit at the stateFair, andeventually,
the
exhibit the
askedthe SRHSif it would be wining to
pubric dernand,the city and the StateFair
agreed
the other49 weeks of the year when the stateFair wasnot running'The SHRS
T&p #909
of this implied
whenthe StateFair wasclosed.The terms
to exhibitthe T&p #909everySunday,
it
forlows: The SRHS wourd protectandmaintainthe T&p #909 and the site
contractwere as
Fair
admissioncharges,andthe city or the state
wasrocatedon,usingrnoniescollectedthrough
additional
The StateFair also agreedto procurethe
would pay for all the utilities at the site.
locomotivesandrolling stock'
ThePartiesagreedtoexpandtheCollectionwhenanoldrailroadyardofficewassettobe
30,s constructionand Dallas Union Terminal's
demorishedas it was in the way of Interstate
one
locomotive #7 wasretired,awaiting an uncertainfate. The yard office wasoriginally
steam
RELIEF'
'fry;f DEFENDtT''\!9
vnIINTERILAIMS, i'tt-iitiiuinp'iEauESrFoRDISCLusaRES-Page4
S:.iy:;i:!*lffi:!:::*:"::;ll;::ffi"rrw
;;i;'#ii'oii"ii",fr
The
depots in Dallas,built by the Houston& Texascentral in the 1880's'
of the first railroad
Everett in orderto move the two
DeGoryer,Jr. colraborated
StateFair and local philanthropist
pricelesspiecesofDallas,srailwayheritagetothesamelocationinFairPark.Locomotive#7,
that debuted
asthe stateFair's "Age of steamExhibit"
the Depotandr&p #909weredisprayed
the T&P
of 1963. 'RHS, who remained in chargeof protectingand maintaining
in october
with the protection andmaintenance of the new pieces,andin 1979,the
#g'g,was now charged
Landmark,
the Depot as a Recordedrexas Historic
TexasHistorical commissiondesignated
(and its successor'the
of preservation. Over the years,the StateFair and the SRHS
worthy
over
to expandthe collection,which now includes
Museumof the AmericanRailroad)continued
structures(the"collection")'
thirty_seven (37) piecesof roting stockandtwo (2) historic
scope of
name in order to reflect its growing
The SRHS eventually changedits
the growing
In 1gg0, the state Fair quitclaimedany interestit might havehadin
responsibilities.
contract
Collection to the Defendant, and over the years' the terms of the implied
railroad
of the
Fair providedtheutilities andthe SRHS/Museum
remainedthe same.The city or the state
maintained and exhibited the coflection, andthe site,using funds collected
AmericanRailroad
expandedthe
The State Fair assisted in expandingthe collection. The city
for admission.
the growing
in the mid to late 60's to accommodate
dedicatedsite to approximately1.g acres
Cotlection.
overtheyears'theMuseumtookonamoreformaleducator'srole.sothatDallaswoutd
for
rich railroad history, the Museum initiated a myriad of educationalprograms
neverforget its
schoolchildren
City,s schoolchildren. over the last five years,an averageof 8,000Dallas
the
and continues
no costto the children.The Museumoffers
havetouredthe Museumeachyear, at
tooffermanyeducationalprogramsthatareTEKS(TexasEssentialKnowledgeandSkills)
rvmTERCLATMI,DEFENDANT!'I?9,?,W::iiili:#i!:::Xy::;;l;IWgTlwR
'^?,Y;;f
;ifffi,iX#;";;;"fr;;t-;;;;'i;;'sREauESrFoRDISCLosaREs'Page5
compliant, such as: Bells, Whistles & Steam Engines, Train Technologt, WestwardExpansion
and the Transcontinental Railroad, Golden Age of Rail Travel: Life and Times on the Rails,
Cattle, Cotton, and Crude on the Rails, The Lives and Triumphs of the Pullman Porters and
many more. The Museum also offers outreachprograms,intemships and extensionprograms, all
But the Museum was running out of space.As eady as 2000, the Partiesrecognizedthat
the lack of spacewas hampering the growth of what was then called the Age of SteamMuseum.
In 2006, the Defendant commissioned and paid for a strategic plan on how to best grow the
Museum and its programs. The plan recommendedthat the Defendant must move to a site of at
least 9-15 acresin order to protect the integrity of the Collection, which had grown substantially
from its founding in 1963. The plan's greatestconcern was that the exhibits were jammed so
close together, that it was diffrcult for visitors to fully appreciatethe breadth and magnitude of
the Collection, which included a Big Boy steam locomotive, the world's largest. Further, some
historic pieces were stored off-site. Based upon the recommendationsof the plan, the Museum
looked at four different locations, including the south parking lot of Reunion Arena, the T&P
depot in Fort Worth, the Santa Fe depot in Fort Worth and a tract near the Missouri-Kansas-
Texasrail line along Denton Drive near Love Field. None of the sites were practical. Additional
attemptshad been made to locate the Museum in the old MKT railroad yard near dovrntcwn, or
in Dallas' West End. The MKT yard could not be used becauseof environmentalcontamination
move the Museum to an approximately Z-acretract outside of Fair Park, and secured$2.75 to
purchaseand condemn an adjacent 2 acres. In order to move, the Defendant was required to
S
DEFENDANT
COWTERCLAIMS, AND REQAEST
COANTER.PLAINTIFF'S FORINIWCTIVE RELIEF,
ANDDEFENDANTAND COWTER.PLAINTIFF'SREQUESTFORDISCLOSARES- PAgC6
raisea matching$235. The new locationproposedby Natinskywasunsuitablefor a varietyof
reasons. First, the shapeof the tract was not conduciveto a railroadmuseumand its tracks.
DART would not agreeto leave a siding in place which meantthat the Collectionwould be
stranded. And Natinsky proposedcondemningthe additional two acresnext door that was
that the Museumhad to move out of Fair Park in orderto providemoreparkingspacesfor the
StateFair.The Partieshadreachedanimpasse.
--
Along camethe City of Frisco, an old railroadtown namedafter the St. Louis San
the
FranciscoRailway(known asthe Frisco)that ran throughit. The City of Friscoapproached
specifically Ron Natinsky, was insistent that the Museum must move from Fair Park.
Reluctantly,the Board of Trustees acceptedFrisco's offer and Bob Laprelle met with
Some eighteenmonths after the Museum acceptedthe Frisco offer, the City sued the
The land upon which the trackswill be built in Friscohas not beenpreparedand will require
move the entire Collectionto Frisco are $2.1 million, moneythat the Museumis desperately
trying to raise.
--
It is ironic that the City, the StateFair, and the Museumall want the samething the
move of the Museumto Frisco. Despitethis commonpurpose,with its lawsuit, the City is
Frisco. Further, the City is harassingthe Museum through its code enforcementarm by
againdelaysthemove.
appropriatepermits. Despite the response,city attorney Chris Caso again requestedthe same
provided the sameinformation to Mr. Casothat he had provided before. SeeExhibit"A", e-mail
between William J. Brotherton and Chris Caso dated February 11, 2010. Mr. Brotherton also
requestedconfirmation from Mr. Caso that the event would be left alone. Mr. Caso sent an e-
mail responseto Mr. Brotherton advising that the City would not disturb the event. See Exhibit
"B", e-mail betweenWilliam J. Brotherton and Chris Caso datedFebruary 12,2010. Despite the
promise by Mr. Caso and despite the fact that the Museum had provided the City with what it
requested,the event was raided by the City Health Department and armed TABC officers on
Saturdaynight, February 13, 2010. Despite this being a cateredevent, Bob LaPrelle was cited by
the Health Departmentfor smoked salmon appetizersthat the inspectorsbelieved were too wafin.
Mr. LaPrelle was also given a warning citation by the TABC, and the 36 guests of the event
were ordered to drop their wine glasses. Staff of the caterer overheardthe Health Department
personnel talking among themselves that they had to "push the Museum hard" and that they had
to find something to cite. This absurd raid, conducted on a Saturday evening during All-Star
weekend,when there were tens of thousandsof private parties going on throughout the City, was
a gross abuse of power and a malicious act that was used to put pressureon the Museum to
vacate the property on the City's scheduleand to the detriment of the Collection, the Museum,
and the generalpublic. Now, the City, through Councilman Natinsky, has publically threatened
to cut off the Museum's utilities: the electricity, gas and water. See Exhibit"C",blogUnfair
Park article. Natinsky has even threatened to attempt to recoup payment for past utilities
S
FOR
REQUEST
DEFENDANTAND COWTER-PLAINTIFF,S
COWTERCI,./IIMS, INTUNCTIVERELIEF'
ANDDEFENDANTAND COWTER-PLAINTIFF,SRESAESTFORDISCLOSARES- PAgE9
Despiteall of this, the Defendantcontinuesto complywith all of thetermsof the implied
The City allegestrespassand nuisancewhen the City and the Museumhave actedunder
the implied contractfor over forty-sevenyearsin the samemannerthat the City now claims is
betweentheParties,thereare
andnuisance.While thereis no specificwrittenagreernent
trespass
the public. The City's lawsuit is frivolous,was not filed in good faith, and was filed solely to
harasstheMuseum.
way of scrappedT&P #638. Indeed,City Attomey Chris Bowers statedthat if the Plaintiff
for other purposes;however,the City lost this right to use the dedicatedproperty for other
railroadcollectionto the public. Until the purposefor which the City dedicatedthe propertyis
s
COWTERCLAIMS, DEFENDANT AND COUNTER-PLAINTIFF'S REQAEST FORINTWCTIVE KELIEF,
AND DEFENDANT AND COUNTER.PLAINTIFF,S REQUESTFOR DISCLOSURES- PAgE10
fundsto movethe Collectionto
the dedicatedpropertyindefinitelyor until it raisesthe necessary
its desireto injure the Collectionand the
the Friscoproperty. Sincethe City has demonstrated
By the City's own suit, filed beforethe Museum'spleadings,andby the City's request
and
for the affirmative relief afforded by injunctive relief, the City has waived its sovereigl
the City is performingactsat its discretionandfor the benefitof thoseonly within its corporate
claimed
limits, includingthe StateFair. Therefore,the Plaintiff is actingoutsidethe scopeof any
immunity.
VI.
Application for Iniu*ijive Relief
pursuantto Tex. R. Civ. P. 680, and Tex. civ. Prac.& Rem. CodeAnn. $$65.01to
notice
65.002and 65.021to 65.023,Defendantseeksa TemporaryRestrainingOrder,and after
Es' 00aNTER-PL/IINTIFF'S
COW TERCL/IIMS, DEFENDANT AND COW TER.PLAIN TIF F'SREQI]EST FOR.INIT]NCTIVE RELIEF'
PAgE- 1I
ANDDEFENDANT AND COWTER-PLAINTIFF'S REQUESTFOR DISCLOSURES
litigation:
4. The City shall not adversely affect the historical structure on the dedicated
propertf either by affirmative action or preventingthe Museum's maintenance
andprotectionof thehistoricalstructure;
5. The City shall not adversely affect the collection of railroad equipment and
exhibits,includingthe locomotivesand rolling stockon the dedicatedproperty,
either by affirmative action or by preventing the Museum'smaintenanceand
protectionof the Museumcollectionandthe dedicatedsite;
6. programs.
The City shallnot interferewith or hindertheMuseum'seducational
vII.
Application for Temporary RestrainingULd€I
the
The City has waived its sovereign or govemmental immunity by filing suit against
' COWTER.PLAINTIFF'S
F'S REQUEST F?RJNIUNCTIW RELIE F'
COWTERCI^/IIMS, DEFENDANT AND CO(INTER'PL.4INTIF
F'S REQUEST FOR DISCLOSURES' PAgC12
AND DEFENDANT AND COWTER.PLAINTIF
Collection,and the dedicatedsite, the Museumwas chargedwith growing the Collectionand
attemptsto stayin
outgrownthe propertydedicatedby the City, andafternumerousunsuccessful
or to third parties. During that time, the Museumwill continueto actunderthe implied contract
and requeststhat the Court order the Plaintiff to refrain from taking actionsthat would harm the
The Plaintiff has alreadysent armed TABC officers and other City officials to the
regardingthe event. The raid wasmeantto put pressureon the Museumto leave
City requested
the premisesandabandonthe Collection. The City hasstatedthat it seeksto shutoff the utilities
is sought.
Pursuantto Tex. R. Civ. P. 680 and Tex. Civ. Prac.& Rern.CodeAnn. $$65.001to
statusquo of the subjectmatterof the suit until a hearingcan be held on the applicationfor
statusquo of the subjectmatterof the litigationuntil a final hearingcanbe held on the meritsof
and
the case,thus restrainingthe City, the City's agents,servants,employees,representatives,
l. The City shall continue to respect the dedicated 1.8 acre property, as it has done for
over 6O years, and shall not make any attempt to remove the Defendant from Fair
Park;
2. The City shall continue to provide all utilities to Defendant,gas, electric and water, as
it has done for many y"air, and shall make no attempt to terminate or cut-off the
utilities or suspend-oi otherwise interfere with the continuous provision of the
utilities, nor shall Plaintiff bill Defendant for past use of utilities.;
3. The City shall not interfere with the Museum's daily activities or any fundraising
activities in which the Museum may engagein;
4. The City shall not adversely affect the historical structure on the dedicatedproperty
either by affirmative action or preventing the Museum's maintenance and protection
of the historical structure;
"
5. The City shall not adversely affect the collection of railroad equipment and exhibits,
including the locomotives and rolling stock on the dedicated property, either by
affirmati-ve action or by preventing the Museum's maintenance and protection of the
Museum collection and the dedicatedsite;
6. The City shall not interfere with or hinder the Museum's educationalprograms'
7. The City shall not interfere with the generalpublic's accessto the Museum;
8. The City shall not interfere with DISD school children's accessto the Museum; and.
g. The City shall not harass Defendant in any mtlnner, including but not limited to
sending its code enforcementpersonnel to pester Defendant with frivolous actions,
such as demandinga certificate of occupancyafter 60 years'
VIII.
It is probabie that the Museum will recover from the Cliti' after a trial on the merits
becausethe City has breached the implied contract with the Museum and is estoppedby its
ongoing promises to the Museum. Further, the City is estopped from asserting its claim of
trespassand nuisance.
If the Museum's application is not granted, harm is imminent because the City has
already acted adversely to the Museum by sending out armed TABC officers and other City
VE DEFENSES, COWTER-PLAINTIFF'S
COWTERCLAIMS, DEFENDANT AND COWTER.PLAINTIFF'S REQUESTFOR INIT]NCTIVE RELIEF'
AND DEFENDANT AND COUNTER.PLAINTIFF'S REQUESTFOR DISCLOSURES'PAgE14
officials to the Museum'sannualfundraiserdespitethe Museum'scompliancewith the City's
the Museum and its most affluent supporters. Further, the City is threateningto turn off the
to the generalpublic and DISD. To allow the City to act contraryto its
Collectionaccessible
Collectionandthe generalpublic.
This harm that will resultif the TemporaryRestrainingOrderis not issuedis irreparable
making the Collection accessibleto the generalpublic and DISD school children, and the
expenditure,and if the City hinders or preventsthe Museum from continuing to maintain and
protect the Collectionby its harassment,intimidation and other acts,the Collection will be
S
COWTERCLAIMS, DEFENDANT AND COUNTER.PLAINTIFF'S RESTIEST FOR INJUNCTIVE RELIEF,
AND DEFENDANT AND COWTER-PLAINTIFF'S REQAEST FOR DISCLOSARES- PAgE15
significance.
relief.
emergency
IX.
Requestfor Temporary Injunction
keepingthe statusquo
and,afterthe hearing,issuea TemporaryInjunctionagainstDefendants,
X.
Counterclaims
agreedto maintainthe entire dedicatedsite. The Plaintiff agreedto pay for all utilities. The
Defendanthasbeenharmedby PlaintifPsbreach.
S
COANTERCLAIMS,DEFENDANT AND COUNTER-PLAINTIFF'S REQUEST FOR INJWCTIW RELIEF,
AND DEFENDANT AND COUNTER.PL.IIINTIFF,SREQUESTFOR DISCLOSURES- PagE16
XI.
CAUSENO.2: PROMISSORYESTOPPEL
In the alternativeto Count 1, Plaintiff madea promiseto Defendantthat Plaintiff did not
Defendantprovided all property maintenance. The City paid the utilities. The Defendant
Damagesto theMuseumareongoing.
XII.
Actual Damages
expensesdirectly attributableto the Plaintiff. The Plaintiff does not have governmental
immunity for its proprietaryacts and the Plaintiff is liable for the amountof actualdamages
causedby its actsand/oromissions.The Defendantrequeststhat the Court find that the City is
XIII.
ExemplaryDamages
The proprietary acts of the City are intentional, willful, and wanton, showing
S
COWTERCI,,/IIMS, DEFENDANT AND COUNTER-PLAINTIFF,S REQAEST FOR INJWCTIVE RELIEF,
AND DEFENDANT AND COUNTER-PLAINTIFF,S REQAEST FOR DISCLOSURES. Page17
arewarrantedandshouldbe awardedto the Defendant.
damages
xIV.
Attorney Fees
is not immunefor the liability or the attomeyfeeson that claim. The Defendantseeksattomey's
XV.
Requestfor Disclosures
to discloseno later
Pursuantto TexasRulesof Civil Procedurelg4,Plaintiff is requested
XVI.
Prayer
3. ActualDamages;
4. ExemplaryDamages;
6. interest;and
Costsof suit,andpostjudgment
ts
COWTERCL/1MS, DEFENDANT AND COWTER-PL/IINTIFF'S REQaEST FOR INJWCTIW RELIEF,
'PAgC 18
AND DEFENDANT AND COANTER-PLAINTIFF'S REQT]ESTFORDISCLOSARES
Respectfullysubmitted,
BROTI{ERTONLAW FIRM
lliam J. Brot
StateBarNo.
Heidi S. Whitaker
StateBarNo.2404505l
ShawnM. Brotherton
StateBarNo. 24064956
2340FM407,Suite200
HighlandVillage,TX 7 5077
972-317-8700:Fax 972-317-0189
ATTORMYS FORDEFENDANTand
COI.INTER-PLAINTIFF
CERTIFICATE OF SERVICE
William J.
WilliamBrotherton
From: WilliamBrotherton
[william@brothertonlaw'com]
Sent: Thursday'February11'20104:56PM
'Caso, Ghris
To:
Subject:RE:File:L1}-Ol24MuseumoftheAmericanRailroad'CODv' the so-called
gave-y9u?ll tht informationthat resolved
chris: when you andI spokelastweek,.I me thenthatthematterwasresolved'I find
you are raising again today. V;t' uOui"d
issuesthat major
me on a snowydayjust beforethelvluseum's
it appallingthatyou havJciosento contact we first spoke
to cancelthe event' Vou told me when
fund-raisingeventandessentiallythreaten If
you conducted u'pror.rrionul **n.r. This conductis hardlyprofessional'
rhat ;"*r;iii" cango aheadand
you intendto shuti"*";; rta"rlrqg .u.J-irttn tell me sothattheMuseum peoprewho have
r"a to softentheblow to the 72
cancelandattemptto recoupsomeof itJ i"*.,
il;;;;";ticipate in the "Dinnerin the Diner" event'
Dallas
Further,sinceyou havedirectaccessto city of
I will reiteratewhatI told you lastweek. The Spice
yor, ,orrfo-ft*! .onnr-.6 *rif' *ftui i*^ttifi"g you now in this e-mail'
employees, hasbeen
of Life is the cater;;;ih. event. fft.y ftuiu.tfre.fe;nC ntt.rtit' TheMuseumof coursehas
everhavingoneproblem' The city
conductingtfr... .u.rit, since1992witirout
we* aware ;;ents. If you i"-"1ri *Itn tn caterer,hernameis SueKollinger
been "..i tqtht foodservicepermit'thepermit
"fr;il;" g72-4I7-i75;.-l;t;;"tql
andshecanbe..u"rrfJut can
thebaths healthdepartment'I'm sureyou
numberis 42221,J;;r obtainedthrough
confirmthat also.
wasinvestigated by DallastTpl:I::::::
As for the certificateof occupancy,lhismatter the Museum'that no furtheractlonwas
Hamilton. St. tofJ-gob.LaPrelle, the presidentof hrst
by the rvror"oro. As I have toiO vou on a numberof occasions'the Museumwas
required
asa joint effort of the city;1;;l." ffi;i;;itate Fair of rexas backin 1963and
estabrished jti"ti, try""a thatthe Museumsitson wasdedicated
wascalledthe Age of Steamtutrr.rr*;
purpose by the s,t1teF.air ih. a;ry oi Dullur' Any certificateof occupancywould
for that 3nd perhapsyou shourdreview
f" tr" ritv at thattime.
havebeenobtainedby eitherthe state-Fli, the
,.uron ttrecity andthestite Fair turnedover
your record.. r *outo alsoremindvou ,t ut tt. Fair
in 1963wasthat thecity andthe State
Age of Steamrur.rr** to its volunt.r; ;tg;;ation tle Age oi sf3m,{t5eum' The first
hadfailedmiserablyin attempting," ;;;i;"[y.operatetheTexaJ& Pacific#{r38'Dallashad
steamlocomotive;;;;i;;;F;itF"'r.,]'iiqtd,;t several
J T&p th#i;;il;;;^tn.
pror-i:,i:,. io.ornotivefrom Ju*ug. andrnai..tainit. After
*ui'in u'.unify deteriorated state as u ,.ruit of Jxtensivevandalism'andthe city
years,the 63g the
its tendersentto thescrapyardin-1955'Under has
electedto simplyh;rh. locomotiveand Railroad,the collection
volunteerorganization, now kno^wn; ,il M,rr.* of the American
it upptulsthatthe City of Dallasis intentupon
flourishedurrOgro*o Now, unfortuna[iy,
destroyedthe T&P 638.
destroyingthe M;;e;; ,urt like how if
Again,ifitisthecity,sintentiontoshutdowntheMuseum'sfundraisingevent,pleasecallme
haveonceagainsatisfiedyou,
your.questions
immediatery ^tg;;"|ififfi.'ii"*"Y responsesro
also'
adviseme of thatimmediately
andyou do not intendto shutdown,h";;;l'please
William
From: Caso,ChrisImailto:chris'caso@dallascityhall'com] d
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2122120r0
Page2 of 2
Sent: Thursday,February11,20102:08PM
To: WilliamBrotherton
Subject: File:110-0124Museumof the AmericanRailroad,
CODv.
Wlliam, our recordsreflectthat your client has not obtaineda certificateof occupancy,a food service
permitor a TABC caterer'spermitin advanceof the Dinnerand the Dinereventthat it has plannedfor
tomorrowand Friday. Pleaseprovideconfirmationto me that these items have been obtainedby the
close of businesstoday.
ChristopherJ. Caso
SeniorAssistantCityAttorney
Office
DallasCityAttorney's
DallasCityHall
1500Marilla,Rm.7DN
Dallas,IX 75201-6622
DirectDial:(214)670-3508
Facsimile:(214) 670-0622
chris,caso@dallascityhall.com
2t22120r0
WilliamBrotherton
From: Caso,Chris[chris.caso@dallascityhall.com]
Sent: Friday,February
12,20103:09PM
To: WilliamBrotherton
Subject: RE:File:L10-0124Museumof theAmericanRailroad.
CODv.
It 1s not the City's intention to shut down the event. However, this should not be
c o n s t r u e d a- -D +L Il rl E^ u/ ar .Li yf r r l - D q- ^9 -91u1f . i sC JquCsel n
t gCse
j-h:t
LfrqL rrorrr
Jvu!
C
u rl ri ou nl rf L lmr a
L tqrJ c nv rn rf u. ir r f n l u
u r a9 lL- vA A
v u^ u^ ru rpnl \, 7 1u -] hl sa n !r sa rm! !i rc JascJ .
p
-----Ori ai na l Moqqanc-----
Chris: When you and I spoke last week, I gave you all the information that resol-ved the
so-cal-Ied issues that you are raising again today. You advised me then that the matter
was resolved. I find it appalling that you have chosen to contact me on a snowy day just
before the Museum's maior fund-raisinq event and essentiall-v threaten to cancel the event
You told me when we first spoke that you conducted yourself in a professional manner
This conduct is hardly professionaL. If you intend to shut down the Museum's event, then
teLl me so that the Museum can go ahead and cancel- and attempt to recoup some of its
l-osses and to soften the blow to the 72 people who have paid to part.icipate in the "Dinner
in the Diner" event.
I will reiterate what I told you l-ast week. Further, since you have direct access to City
of Dall-as employees, you coul-d have confirmed easily what I'm tel-l-ing you now in this e-
m: i r . n h a a n . i^ ^ o f L i f e i s t h e c a t e r e r f o r t h e e v e n t . They have the TABC permit. The
Museum has been conducting these events since l-997 without ever havj-ng one probJ-em. The
city of course has been wel-I aware of these events. If you need to visit with the
caterer, her name is Sue Kollinger and she can be reached at 912-417-l-755. fn regards to
the food servj-ce permit, the permit number is 42227 and was obtained through the Dal-Ias
hcal,l.h dcnarl-mcnl, Itm SUre VOu can confirm that also,
As for the certificate of occupancy, this matter was investigated by DaIlas employee Anne
Hamilton. She told Bob LaPrelJ-e, the president of the Museum, that no further action was
requi-red by the Museum. As I have told you on a number of occasions, the Museumwas first
establrsbed as a joint effort of the City of Dallas and the State Eair of Texas back in
l-963 anc. was cal-Ied the Age of Steam Museum; in fact, the iai,'1 that the Museum slts on was
dedicated for that purpose by the State Fair and the City of DaLl-as. Any certificate of
occupancy would have been obtained by either the State Fair or the city at that time.
Perhaps you should review your records. I would also remind you that the reason the city
and the State Fair turned over the Age of Steam Museumto 1ts volunteer organization j-n
1963 was that the city and the State Fair had failed m i s e r a b l y in attempting to originally
operate the Age of Steam Museum. The first steam locomotive to go into Fair Park, in
1-949, was the Texas & Pacific #638. Dallas had promised T&P that it woul-dprotect the
l-ocomotive from damage and maintain it. After severaf years, che 538 was in a heavily
deteriorated state as a result of extensive vandal-ism, and the city el-ected to simply have
the l-ocomotive and its tender sent to the scrap yard in 1955. Under the vofunteer
organization, now known as the Museum of the American Railroad. the colfection has
flnrrriehaA rnrl ^rown. NOw, unfortunately, it appearS that the City of Dallas is intent
upon destroying the Museum, much like how it destroyed the T&P 638.
n-^i- i€ :! :^ . in t e n t i o n please
nVdrlrr al IL I5 tLhr reu r :r iLtJv
u rs to shut down the Museum's fund raising event,
calf me immediately at 9 ' 7 2 - 3 I ' 7 - 8 10 0 . Tf mrr rFsnonqes to \/olrr crrrest ions harre onr:e aoain
-^! r ^€r ^r ,.^,, ^nd ry rv n to shut down the event, please advj-se me
5d L!D ! IYU yvur arru q rr d
u vn n
I ln
v f L fi Inl tend
I
'immadi:f al \/ tI c^
WiIliam
Wil-l-iam, our records reflect that your cl-ient has not obtained a certificate
of occupancy, a food service permit or a TABC caterer's permit in advance of
the Dinner and the Diner event that it has planned for tomorrow and Friday.
Pl-ease provide confirmation to me that these items have been obtained bv the
close of business todav.
t ^ h r i s . t -n n h e r ,T- Caso
DaIlas, TX 15201'-6622
C O N F I D E N T I A L I T YN O T I C E : T h i s c o m m u n i c a t i o n i s i n t e n d e d o n l y f o r t h e u s e o f
the indivi-dual or entity to which it is addressed and may contaj-n
information that is privileged, cc "fidentiaf, and exempt from discl-osure
under applicable law. If you are not the intended recipient of this
information, you are notified that any use, dissemination, distribution' or
cnnrrina nf fhe r:ommunication is strictty
e v y f rrrY v -
prohibited, and requested to reply
heref o or
l r 9 ! s L v v ! notifv
r r v u r ! i
qcncler
v v l r u v ! lrrr other
v J immedi-ate means of the misdelivery.
TrainMuseumLawsuitKept A-Rollin: City'sAboutto StopPayingF... http://blogs.dallasobserver.com/unfai n museum
.I 'ir
, l ' i: lr '' ;{ i )l ':,
DaltasNewsBlog
d
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I of8
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2122/2010
Train MuseumLawsuitKept City'sAboutto StopPaying http://blogs. rW2010I 02I train-museum-
dallasobserver.com/unfairpa
nonprofit," he said at the end ofJanuary, "and it's tough to raise funds in this
economy." Bowers says the city has learned that's not necessarilytrue: "We've -;;;;il;;
heard they raise $roo,ooo every time they hold their Thomas the Train event, anal fi 'fw*itter
they do have other funrl-raising efforts. I woultl hope they would have some money w St Patrick's Day
available to move." # Facebook
x St Patrick's DayParade
But if not, he says, "we'll explore our options if and when we get there, and I think Application
we will have some. I hope we'll have a court decisiou well before August I so we can Autorama'Ibrns So at I.'air is Ad Index
figure out what our options are. We are not seeking a court order that they go to Park ;, I-ileMe.Net
Frisco. We're seeking a court order they get off our property. They keep talking a lv{yspace
about the cost ofmoving to Frisco, but we know they have an agreement to keep ry Flip B<nk
some of their cars a couple ofblocks away. When we brought that up they said -.-.-,,,,,--_',;,_-
there's no more spacewhatsoever. We just want them off city property."
:
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http: //bit.ly/a ggLxA a dals Morr Personal6 >>
Wonder what Colin Hanks has to say about all this. ago
WW
With that kiud of money after event expensesI l-.etthey can afford to pay
their electricand water bill for well over a mo'til-.
WW
Moutemalouesays:
Why did the museum decide to up and move to the forsakeu land in the
first place if they clidn't have the money?
Seemsto me in this case, City Hall is rigltt. (forgive me).
They do seem to have acted like a bofrieud who broke up with you, got
engagedto someone else,but keepsliving in your house for years, eating
ffiM Adtl youl photos > >
your food without paying for anything, while having his frieucls over to Subscritre to RSS ffi
party. Not that I would know anything about that....
Receive e-mail
Posted On: Wednesday,I:eb. 17 2o7o C?9:44AN{
updates[-----
-IsHerFsl
2 of8 2122/2010
12:52PM
AF'FIDAVIT
STATEOF TEXAS $
$
COLINTYOF DENTON $
BEFORE ME, the undersignedNotary Public, on this day personally appearedRobert
LaPrelle, who first being duly swom accordingto law on his oath deposedand said:
"In order to finance the move, and to help pay for the maintenancecost of the collection,
the Museum conducts various fundraisers. On February 13, 2010, we conducted such a
fundraiser called "Dinner in the Diner". Earlier that week, the City of Dallas sent health
inspectorsand code enforcementpersonnelto review our proceduresfor conducting a fundraiser,
which involved serving alcohol and a freshly prepared dinner. Everything was catered. The
Museum had been conducting its "Dinner in the Diner" event for approximately 15 years and
FURTHERAFFIANT SAYETHNOT.
-A/L
Robert LaPrelle
n
SUBSCRIBED AND SWORN TO BEFORE ME on 1y,s7Lv'day of February,2010,
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Ycu are diretted io apptu bal$a **--.-
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an or belore -*,*, 1o an,iwer thesa Gha|les i**
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i-G;fry aciwtsCga €c?ipt oI this noiicesnd agr€ to appearat lho bns ?nd
abfleio enigtn plga@n€tniDgqhsochargesTHls ACKNOWLEDGEMENT
sDeciffed
tO AIFEAR IS.-NO T AN ADM}S9IONOF GL]ILT.
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See back for additional intornration ttlathew Clonlnger
laBc Fffi 4^4t {1,0t) Registered Sanrtarian
aLCOnOttc
TEXIS C0M.'\fiSSlON
SEVEnAGI
@
City of Dallas
Environrn€filal& Health Services
Food Protestion & Educalion
79oJ Gotorth Rd.
Dallas,Texes 75238
Telephone 214{7M083
MIKEGAFDNER Far 214€70-9330
ACEITT
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