The filings continue to pile up in the case of a Denison man who wants to refurbish an old school building.
For the past several years, the city of Denison and Jaime Roa have been locked in a legal battle in state and federal courts as the city attempted to spend $115,000 to demolish the Central Ward building and Roa attempted to save it. Roa purchased the property at 715 W. Sears in 2012 and says the city’s attempts to take down what it calls an unsafe building is a violation of his federal rights to due process and the Older American Act Reauthorization, as well as the Americans with Disabilities Act.
Earlier this year, Federal Magistrate Judge Christine Nowak allowed Roa, who has represented himself in the case, extra time to finalize his complaint. Then the city had time to respond and moved to have the case dismissed. The latest filing is Roa’s response to that.
In its motion to dismiss, the city said, “Given the opportunity to replead and encapsulate his position into one live pleading, Plaintiff did so in the Amended Complaint. As a result, the Amended Complaint is significantly longer setting out Plaintiff’s beliefs, ideas, and thoughts on racism, ageism, and authoritarianism. With respect to the specific claims for relief, however, the Amended Complaint adds only a few actual ‘details’ that could be considered both factual (as opposed to opinion or belief) and plausibly relevant to the essential elements of any recognized legal claims.”
In response to that, Roa said the court should deny Denison’s motion to dismiss.
“The new counsel, like the old one, have presented conclusions from other cases that do not have anything to do with my case and they make wishful and capricious statements contrary to the spirit of the law,” Roa’s filing said. “This is very bad.”
As for the city’s claim that Roa’s motions were filled with his own personal beliefs that weren’t supported by provable facts or case law, Roa responded, “No way. Not in a million years. Plaintiff’s beliefs are grounded in reality, in good science, in good critical thinking and irrefutable facts.”
He further said that “there is nothing left to do” for the court than to deny Denison’s motion to dismiss.
“It is empty of meaning either logical, legal or otherwise,” Roa said in his filing from Aug. 1.
There is no indication in the court’s file on when it might set the case for a hearing or rule on the motion.
Roa’s suit names as defendants the city of Denison and Jared Johnson, Jud Rex, Gabe Reaume, Philip Shaffer, Michael Fitzpatrick and Betty Ford. In addition to those listed above, Roa also added Matt Hanley, Bill Malvern, Ken Brawley, Michael Baecht, Janet Gott, Britton Brooks, Tom Speakman, Robert Hannah, Dale Jackson, Gordon Weger, Bill Ray, Jonathan Cannon, Michael Hutchins, Donna Hunt and Jim Fallon to the defendants in the case.
Cannon, the Herald Democrat’s executive editor, said the paper does not comment on ongoing litigation. Due to Roa’s inclusion of Hutchins as a party in the case, the paper reassigned the case to the Herald Democrat’s criminal justice editor.
Roa did not return calls from the Herald Democrat seeking comment on his most recent filing.