Latest news with #JohnstonTobeyBaruch
Yahoo
24-06-2025
- Business
- Yahoo
Appellate Court Sides with Property Owner in Condemnation Battle over Golf Course Facility
City of Westworth Village denied in bid to lease land to private developer FORT WORTH, Texas, June 24, 2025--(BUSINESS WIRE)--An appellate court in Fort Worth has overturned a trial court order that permitted the condemnation of private property by the City of Westworth Village in order to develop a facility and driving range adjacent to the city-owned Hawks Creek Golf Club. The ruling marks a significant turning point in Texas eminent domain law, as the court explicitly held that governments can no longer rely on courts to automatically accept their claims about public use when seizing private property. Video of the appellate attorney discussing the case In the appellate court's ruling, Justice Mike Wallach referenced and relied on state constitutional provisions limiting the government's right to condemn private property for economic development or tax revenue generation and disputed the city's contention that the golf course expansion qualified as a public use under state law. The lawsuit challenging the city's action was originally filed in 2022 by Jim Burgess, the owner of the 3.548-acre property formerly owned by the United States Air Force as part of Carswell Air Force Base. The city had announced an intent to acquire Mr. Burgess's land the previous year through the right of eminent domain and lease the property to UnderPar Life LLC, a Dallas-based golf course developer whose investors include 2024 U.S. Open champion Bryson DeChambeau. In response to Mr. Burgess's lawsuit, the trial court appointed three special commissioners who assessed the property's value at $1.545 million. Mr. Burgess contested that valuation and was denied. The case then went to trial, where a jury awarded him $1.3 million under eminent domain statutes. In his opinion, Justice Wallach reversed and remanded the case to the trial court. "It is the constitutional limitation of transferring condemned property for an impermissible purpose that distinguishes this case," he wrote. He noted that the city executed the lease with UnderPar Life before it even entered the property condemnation process. This is the first time a Texas appellate court has explicitly stated that legislative and constitutional changes enacted in response to a U.S. Supreme Court decision have eliminated judicial deference to governmental declarations of public use. "The court rightfully recognized the multiple violations of state law in the city's attempted acquisition and proposed use for this property," said Chad Baruch of Johnston Tobey Baruch, the lead attorney for Mr. Burgess in the appeal. "We are delighted with the court's ruling, which will permit our client to continue his challenge to the taking in the trial court." The case is Jim Burgess v. City of Westworth Village No. 02-24-00252-CV, in the Court of Appeals for the Second District of Texas at Fort Worth. About Johnston Tobey Baruch Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration, and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud, and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation, and fiduciary litigation, as well as civil, family, and criminal appeals for many prominent Texas companies and individuals. View source version on Contacts Media Contact BeLynn Hollers800-559-4534belynn@ Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Business Wire
24-06-2025
- Business
- Business Wire
Appellate Court Sides with Property Owner in Condemnation Battle over Golf Course Facility
FORT WORTH, Texas--(BUSINESS WIRE)--An appellate court in Fort Worth has overturned a trial court order that permitted the condemnation of private property by the City of Westworth Village in order to develop a facility and driving range adjacent to the city-owned Hawks Creek Golf Club. 'The court rightfully recognized the multiple violations of state law in the city's attempted acquisition and proposed use for this property,' said Chad Baruch. The ruling marks a significant turning point in Texas eminent domain law, as the court explicitly held that governments can no longer rely on courts to automatically accept their claims about public use when seizing private property. In the appellate court's ruling, Justice Mike Wallach referenced and relied on state constitutional provisions limiting the government's right to condemn private property for economic development or tax revenue generation and disputed the city's contention that the golf course expansion qualified as a public use under state law. The lawsuit challenging the city's action was originally filed in 2022 by Jim Burgess, the owner of the 3.548-acre property formerly owned by the United States Air Force as part of Carswell Air Force Base. The city had announced an intent to acquire Mr. Burgess's land the previous year through the right of eminent domain and lease the property to UnderPar Life LLC, a Dallas-based golf course developer whose investors include 2024 U.S. Open champion Bryson DeChambeau. In response to Mr. Burgess's lawsuit, the trial court appointed three special commissioners who assessed the property's value at $1.545 million. Mr. Burgess contested that valuation and was denied. The case then went to trial, where a jury awarded him $1.3 million under eminent domain statutes. In his opinion, Justice Wallach reversed and remanded the case to the trial court. 'It is the constitutional limitation of transferring condemned property for an impermissible purpose that distinguishes this case,' he wrote. He noted that the city executed the lease with UnderPar Life before it even entered the property condemnation process. This is the first time a Texas appellate court has explicitly stated that legislative and constitutional changes enacted in response to a U.S. Supreme Court decision have eliminated judicial deference to governmental declarations of public use. 'The court rightfully recognized the multiple violations of state law in the city's attempted acquisition and proposed use for this property,' said Chad Baruch of Johnston Tobey Baruch, the lead attorney for Mr. Burgess in the appeal. 'We are delighted with the court's ruling, which will permit our client to continue his challenge to the taking in the trial court.' The case is Jim Burgess v. City of Westworth Village No. 02-24-00252-CV, in the Court of Appeals for the Second District of Texas at Fort Worth. About Johnston Tobey Baruch Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration, and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud, and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation, and fiduciary litigation, as well as civil, family, and criminal appeals for many prominent Texas companies and individuals.
Yahoo
25-04-2025
- Business
- Yahoo
Johnston Tobey Baruch Shareholders Earn Repeat Honors in D Magazine's Best Lawyer Survey
Community respect, client trust drive repeat recognition for Randy Johnston, Robert Tobey and Chad Baruch DALLAS, April 25, 2025--(BUSINESS WIRE)--Boutique trial and litigation firm Johnston Tobey Baruch is proud to announce the selection of shareholders Randy Johnston, Robert Tobey and Chad Baruch to D Magazine's Best Lawyers in Dallas 2025 listing. "We couldn't receive honors like this without the trust of our clients," said Mr. Baruch, the firm's managing shareholder. "Thank you to the legal community for the collaboration and for selecting us again." Mr. Johnston, the go-to attorney on legal professional malpractice, received his nod for excellence in professional liability litigation. He is board certified in civil trial law by the Texas Board of Legal Specialization and is a well-decorated, award-winning attorney who has received state and national honors including from the Dallas Bar Association who has named him a "Texas Trial Legend" and a "Trial Lawyer of the Year." Along with being the firm's co-founder, he is a recognized legal author. Mr. Tobey, past president of the Dallas Bar Association, is board certified in consumer and commercial law by the Texas Board of Legal Specialization. The firm's co-founder recently provided his expertise to Law360, breaking down new rules affecting Texas lawyers. Mr. Baruch comes off a streak of wins before the state's appellate courts on a range of cases. Board certified by the Texas Board of Legal Specialization in civil appellate law, he is sought after for his appellate expertise and regularly appears in the media analyzing legal topics. Earlier this month, Mr. Baruch was named to Lawdragon's 100 Managing Partners You Need to Know, a national legal guide. About Johnston Tobey Baruch Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation and fiduciary litigation as well as civil, family and criminal appeals for many prominent Texas companies and individuals. For more information, visit View source version on Contacts Media Contact: BeLynn Hollers800-559-4534Belynn@
Business Wire
25-04-2025
- Business
- Business Wire
Johnston Tobey Baruch Shareholders Earn Repeat Honors in D Magazine's Best Lawyer Survey
DALLAS--(BUSINESS WIRE)--Boutique trial and litigation firm Johnston Tobey Baruch is proud to announce the selection of shareholders Randy Johnston, Robert Tobey and Chad Baruch to D Magazine's Best Lawyers in Dallas 2025 listing. 'We couldn't receive honors like this without the trust of our clients,' said Mr. Baruch, the firm's managing shareholder. 'Thank you to the legal community for the collaboration and for selecting us again.' Mr. Johnston, the go-to attorney on legal professional malpractice, received his nod for excellence in professional liability litigation. He is board certified in civil trial law by the Texas Board of Legal Specialization and is a well-decorated, award-winning attorney who has received state and national honors including from the Dallas Bar Association who has named him a 'Texas Trial Legend' and a 'Trial Lawyer of the Year.' Along with being the firm's co-founder, he is a recognized legal author. Mr. Tobey, past president of the Dallas Bar Association, is board certified in consumer and commercial law by the Texas Board of Legal Specialization. The firm's co-founder recently provided his expertise to Law360, breaking down new rules affecting Texas lawyers. Mr. Baruch comes off a streak of wins before the state's appellate courts on a range of cases. Board certified by the Texas Board of Legal Specialization in civil appellate law, he is sought after for his appellate expertise and regularly appears in the media analyzing legal topics. Earlier this month, Mr. Baruch was named to Lawdragon's 100 Managing Partners You Need to Know, a national legal guide. About Johnston Tobey Baruch Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation and fiduciary litigation as well as civil, family and criminal appeals for many prominent Texas companies and individuals. For more information, visit
