McLennan County and Precinct 4 Commissioner Ray Meadows cannot be sued in a July 2007 house-moving incident that blocked a narrow lane near China Spring and led to the demolition of the house, an appeals court has ruled.

In a 10-page ruling made public Thursday, the Waco-based 10th Court of Appeals reversed a ruling by 170th State District Judge Jim Meyer and threw out a lawsuit filed against the county and Meadows by Randolph Veazey and his wife, Debra.

The court ruled that Meadows and the county have governmental immunity.

This demolished house was the subject of a lawsuit filed against McLennan County and Commissioner Ray Meadows after it got stuck during a move down Culpepper Lane near China Spring.
Jerry Larson/Tribune-Herald, file

Meyer dismissed claims against Meadows in his individual capacity but denied a motion by county attorneys to dismiss the suit against the commissioner in his official capacity.

The judge also denied a motion to dismiss the suit against the county.

The opinion, written by Chief Justice Tom Gray and joined by Justices Felipe Reyna and Rex Davis, throws out the lawsuit.

“If bad or negligent decisions or instructions about how to implement government decisions could result in liability because there is simply a use of a motor-driven equipment or use of tangible personal property, it would, in large part, do away with governmental immunity,” the opinion says.

Waco attorney Vance Dunnam Sr., who represents the Veazeys, said he will appeal the ruling to the Texas Supreme Court.

“I don’t think in this situation that the county has governmental immunity,” Dunnam said. “I think the court of appeals is wrong.”

Meadows, who is facing Ben Perry on April 13 in the Republican primary runoff, said he is glad about the ruling.

“It has been almost three years,” he said. “This was a situation that should have never happened.

“Taking that house down that road was like trying to put a 10-pound ball in a thimble, and it just wouldn’t work. We had to do something. It was an obstruction.”

The Veazeys’ lawsuit alleged that Meadows was impatient and his actions to clear the road were ill-advised when the old house got stuck between trees while trying to negotiate Culpepper Lane.

The road was blocked for nearly two weeks before the home was cleared.

The lawsuit claimed the movers were waiting to cut a tree limb before continuing when Meadows ordered a wrecker to remove the house by pulling it backward.

The house shifted and fell into a ditch, leading to its ultimate demolition and removal from the road.

The lawsuit contended that the house was valued at $4,000. The couple also sought to recover $500 they paid to the wrecker service, $5,000 paid to demolish the house and $14,050 paid to R.L. Long House Movers.

twitherspoon@wacotrib.com

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