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Holdings, Inc.","extra_info":""}],"entries":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/442852073/","id":442852073,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/71772101/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457473936/","id":457473936,"tags":[],"absolute_url":"/docket/71772101/13/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-11-02T16:10:24.745712-08:00","date_modified":"2025-11-03T03:01:52.266275-08:00","sha1":"0d79acce007a7401d4ad63a4bc55549c86505e95","page_count":7,"file_size":390293,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.13.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.13.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 4:25-cv-01202-O Document 13 Filed 11/02/25 Page 1 of 7 PageID 535\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n FORT WORTH DIVISION\n\n MARA HOLDINGS, INC., ET AL., \u00a7\n \u00a7\n Plaintiffs, \u00a7\n \u00a7\n v. \u00a7 Civil Action No. 4:25-CV-01202-O\n \u00a7\n HOOD COUNTY, TEXAS, ET AL., \u00a7\n \u00a7\n Defendants. \u00a7\n\n ORDER\n\n Before the Court are Plaintiffs\u2019 Motion for a Temporary Restraining Order (ECF No. 2)\n\nand Memorandum in Support of TRO and Preliminary Injunction (ECF No. 1-6) filed on October\n\n27, 2025; Plaintiffs\u2019 Supplemental Document (ECF No. 9) filed on October 28, 2025; Defendants\u2019\n\nResponse to Plaintiffs\u2019 Motion for a Temporary Restraining Order (ECF No. 10) filed on October\n\n30, 2025; Plaintiffs\u2019 Motion for Leave to File Under Seal (ECF No. 12) filed on October 30, 2025;\n\nand Doe Plaintiffs\u2019 Unopposed Motion to Proceed Under Pseudonyms and for a Protective Order\n\n(ECF No. 12-3) filed on October 30, 2025. After considering the briefing and relevant case law,\n\nthe Court determines that Plaintiffs\u2019 Motion for a Temporary Restraining Order should be, and is\n\nhereby, DENIED; Plaintiffs\u2019 Motion for Leave to File Under Seal is GRANTED; and Doe\n\nPlaintiffs\u2019 Unopposed Motion to Proceed Under Pseudonyms and for a Protective Order is\n\nGRANTED in PART.\n\n\n\n\n 1\n\fCase 4:25-cv-01202-O Document 13 Filed 11/02/25 Page 2 of 7 PageID 536\n\n\n\n I. BACKGROUND 1\n\n This case arises from a claim that a group of citizens and several county members are\n\nbehind an unlawful effort to incorporate a city around a crypto-mining farm in order to regulate it\n\nand put it out of business. On November 4, 2025, voters will decide whether \u201cMitchell Bend\u201d\n\nshould be incorporated as its own city. Mitchell Bend contains a crypto-mining farm owned by\n\nPlaintiff MARA Holdings, Inc. (\u201cMARA\u201d)\u2014an out-of-state corporation that acquired a crypto-\n\nmining facility in Hood County in January 2024. Plaintiffs are also DOES 1\u20138, citizens of Hood\n\nCounty who reside in the area proposed for incorporation. Defendants are Hood County, Texas\n\nand the following municipal officials sued in their official capacity: Defendant Judge Ron\n\nMassingill, the County Judge of Hood County, Texas; Defendant Matt Mills, Hood County\n\nAttorney; and Defendant Stephanie Cooper, Hood County Elections Administrator.\n\n Plaintiffs claim that these officials are responsible for wrongly accepting an application for\n\nincorporation despite its procedural defects. Plaintiffs further claim that the application was\n\nimproperly granted and placed on the ballot due to a conspiracy to keep MARA Holdings, Inc. out\n\nof the incorporation process.\n\n The process for incorporation is as follows. The Texas Local Government Code lays out\n\nthe prerequisites for placing the question of municipal incorporation on the ballot. Section 7.003,\n\ntitled \u201cElection Orders,\u201d provides \u201cif satisfactory proof is made that a community has filed an\n\napplication to incorporate under this chapter containing the required number of inhabitants, the\n\ncounty judge shall order an incorporation election to be held on a specified date and at a designated\n\nplace in the community.\u201d Lastly, under Section 7.007, \u201cORDER OF INCORORATION,\u201d if a\n\nmajority of votes favor incorporation, the County Judge must record the incorporation in the\n\n\n1\n Unless otherwise cited, the Court\u2019s recitation of the facts is taken from Plaintiffs\u2019 Complaint. See Pls\u2019\nCompl., ECF No. 1.\n\n 2\n\fCase 4:25-cv-01202-O Document 13 Filed 11/02/25 Page 3 of 7 PageID 537\n\n\n\nCommissioners Court records. Also under Section 7.007, \u201c[t]he judge shall include the boundaries\n\nof the municipality in the entry. The incorporation of the community as a municipality is effective\n\non the date the entry is made.\u201d Plaintiffs allege that several prerequisites were not met, and\n\nDefendants ignored defects on the face of the application but moved forward with holding an\n\nelection anyway. Plaintiffs further argue that because of the procedural defect, any effort to record\n\nthis incorporation would be invalid.\n\n On October 27, 2025, Plaintiffs filed their Complaint (ECF No. 1) bringing: 1) state law\n\nultra vires claims, 2) a Texas Open Meetings Act violation, 3) a conspiracy to deprive Plaintiffs of\n\ntheir constitutional rights under 42 U.S.C. \u00a7 1985, and 4) violations of equal protection and\n\nprocedural due process under 42 U.S.C. \u00a7 1983. Plaintiff also filed a Motion for a Temporary\n\nRestraining Order (ECF No. 2) seeking to enjoin Defendants from holding an allegedly illegal\n\nelection on November 4, 2025, as to the \u201cMitchell Bend Incorporation Issue.\u201d The same day, this\n\nCourt entered an Order (ECF No. 5) requiring Plaintiffs to notify Defendants of the lawsuit\n\nimmediately and requiring Defendants to respond to the request for a TRO no later than October\n\n30, 2025. Plaintiffs then filed a Supplemental Document (ECF No. 9) on October 28, 2025.\n\nDefendants filed their Response to Plaintiffs Temporary Restraining Order (ECF No. 10) and\n\nAnswer to Plaintiffs\u2019 Complaint (ECF No. 11) on October 30, 2025. Also on October 30, 2025,\n\nDoe Plaintiffs Filed a Motion for Leave to File Under Seal (ECF No. 12) and an Unopposed Motion\n\nto Proceed Under Pseudonyms and for a Protective Order (ECF No. 12-3). Plaintiffs\u2019 Motions are\n\nnow ripe for the Court\u2019s review.\n\n II. LEGAL STANDARD\n\n The decision to grant or deny a preliminary injunction lies within the discretion of the\n\ndistrict court. Anibowei v. Morgan, 70 F.4th 898, 902 (5th Cir. 2023). The purpose of a Temporary\n\n\n\n 3\n\fCase 4:25-cv-01202-O Document 13 Filed 11/02/25 Page 4 of 7 PageID 538\n\n\n\nRestraining Order is \u201cto preserve the status quo until there is an opportunity to hold a hearing.\u201d\n\n11A CHARLES ALAN WRIGHT, ET AL., FEDERAL PRACTICE AND PROCEDURE \u00a7 2951 (3d ed. West\n\n2005). \u201cA [Temporary Restraining Order] is simply a highly accelerated and temporary form of\n\npreliminary injunctive relief, which requires that the party seeking such relief establish the same\n\nfour elements for obtaining a preliminary injunction.\u201d Greer\u2019s Ranch Caf\u00e9 v. Guzman, 540 F.\n\nSupp. 3d 638, 644\u201345 (N.D. Tex. 2021) (internal quotation marks and citation omitted).\n\n A court may issue a Temporary Restraining Order if the movant demonstrates: (1) a\n\nsubstantial likelihood of success on the merits; (2) a substantial threat of irreparable harm; (3) that\n\nthe balance of hardships weighs in its favor; and (4) that the issuance of the preliminary injunction\n\nwill not disserve the public interest. Daniels Health Servs., L.L.C. v. Vascular Health Scis., L.L.C.,\n\n710 F.3d 579, 582 (5th Cir. 2013). The last two factors merge when the government is the opposing\n\nparty. Nken v. Holder, 556 U.S. 418, 435 (2009). As the movant, the party seeking relief bears the\n\nburden of proving all four elements. Nichols v. Alcatel USA, Inc., 532 F.3d 364, 372 (5th Cir.\n\n2008). The district court must deny a preliminary injunction \u201cwhere the movant has failed\n\nsufficiently to establish any one of the four criteria.\u201d Black Fire Fighters Ass\u2019n v. Dallas, 905 F.2d\n\n63, 65 (5th Cir. 1990).\n\n III. ANALYSIS\n\n The Court addresses Plaintiffs\u2019 motions in turn.\n\n A. Temporary Restraining Order\n\n Plaintiffs\u2019 Motion for a Temporary Restraining Order fails because Plaintiffs have not\n\ncarried their burden to show both a substantial threat of irreparable harm and that the issuance of\n\na preliminary injunction will not disserve the public interest.\n\n\n\n\n 4\n\fCase 4:25-cv-01202-O Document 13 Filed 11/02/25 Page 5 of 7 PageID 539\n\n\n\n Specifically, Plaintiffs claim \u201c[t]he proposed area of incorporation was never eligible to be\n\nconsidered for incorporation under Tex. Loc. Gov\u2019t Code \u00a7 7.001. The Application for\n\nIncorporation should have never been considered, but when it was, it was [sic] it should have been\n\nobvious that it was invalid on its face.\u201d 2 Moreover, Plaintiffs argue that \u201cMARA [should not] be\n\nforced to contest the outcome of a sham election orchestrated through unlawful procedures.\u201d 3\n\n Plaintiffs cannot show irreparable harm because even if incorporation succeeds\u2014and it\n\nmay not\u2014Plaintiffs can still challenge the validity of the election and the creation of \u201cMitchell\n\nBend\u201d after the results are certified.\n\n While it is true under Texas law that private parties generally lack standing to challenge\n\nthe incorporation of municipalities, Durham v. Crutchfield, 578 S.W.2d 438, 440 (Tex. App.\u2014\n\nTexarkana, 1979), they do have standing if the incorporation was void ab initio. Gonzales v.\n\nConcerned Citizens of Webberville, 173 S.W.3d 112, 115 (Tex. App.\u2014Austin, 2005). In other\n\nwords, private citizens may sue if the municipality was void at its inception. \u201cThe defects in the\n\nincorporation process which render the incorporation absolutely void are: that the act of\n\nincorporation itself was either prohibited or unauthorized by law, or that the purported\n\nincorporation was pursuant to an unconstitutional statute, or that the attempt to comply with the\n\nprovisions of the law authorizing the creation of such municipality was so utterly lacking or\n\ndefective as to render the attempt to create such corporation void.\u201d Durham, 578 S.W.2d at 441.\n\nAnd Texas courts have confirmed that this challenge can be done collaterally. Id. (\u201cPrivate citizens\n\nmay collaterally or directly attack a void incorporation in certain circumstances.\u201d).\n\n Therefore, Plaintiffs have not carried their burden to show irreparable injury because the\n\nCourt is able to grant relief after the election.\n\n\n2\n Pls\u2019 Br. Supp. TRO, 25, ECF No. 1-6.\n3\n Id. at 24.\n\n 5\n\fCase 4:25-cv-01202-O Document 13 Filed 11/02/25 Page 6 of 7 PageID 540\n\n\n\n Second, enjoining the election when relief can be sought after the fact disserves the public\n\ninterest. Plaintiffs waited until October 27, 2025, to seek an injunction\u2014just eight days before the\n\nelection. Plaintiffs did this even though, on October 3, 2025, MARA\u2019s counsel, Paula Pendley,\n\nreceived a letter from Hood County Attorney Mills which stated: 4\n\n The county judge received your newest request to invalidate the coming election. I\n forwarded it to our consultant in Austin for feedback, and his opinion was similar\n to my first take. And that is that the courts are open for filing for an injunction, but\n the county isn\u2019t going to invalidate the petition at this time.\n\n Plaintiffs knew from Defendants that their last resort before the election was to file an\n\ninjunction, and despite that, Plaintiffs waited 25 days to initiate proceedings. A delayed effort to\n\nobtain relief such as this one is disfavored when seeking equitable relief. See Republican Nat\u2019l\n\nComm. v. Democratic Nat\u2019l Comm., 589 U.S. 423, 430 (2020) (explaining that intervention in an\n\nelection is ill advised the nearer the election). This concern is heightened by the fact that \u201c[i]f the\n\nincorporation election is not held, another incorporation election cannot be held for a year.\u201d 5\n\n In conclusion, stopping the vote on incorporation at this late hour causes confusion and\n\ndelay to the voters. Moreover, Plaintiffs may have viable causes of action, but the Court does not\n\nneed to determine the merits questions because Plaintiffs will have an opportunity to challenge\n\nalleged misconduct\u2014if needed\u2014after the election takes place.\n\n B. Motion for Leave to File Under Seal, Motion to Proceed Under Pseudonyms, and\n\n Motion for Protective Order\n\n Plaintiffs Does 1\u20138 also filed a Motion for Leave to File Under Seal the unredacted versions\n\nof Doe Plaintiffs\u2019 Unopposed Motion to Proceed Under Pseudonyms and for a Protective Order. 6\n\nPlaintiffs also seek to file the declarations and exhibits attached to their motion\u2014specifically,\n\n\n4\n Pls\u2019 Compl. 35, ECF No. 1 (emphasis added).\n5\n Defs\u2019 Resp. to Mot. for TRO, 12, ECF No. 10.\n6\n Pls\u2019 Mot. for Leave to File Under Seal, 1, ECF No. 12.\n\n 6\n\fCase 4:25-cv-01202-O Document 13 Filed 11/02/25 Page 7 of 7 PageID 541\n\n\n\nExhibits A-1 through A-10\u2014under seal. 7 The Court GRANTS Doe Plaintiffs\u2019 Motion for Leave\n\nto File Under Seal. Further, the Court hereby ORDERS that Doe Plaintiffs\u2019 Motion for Leave to\n\nFile Under Seal, their Unopposed Motion to Proceed Under Pseudonyms and for Protective Order,\n\ndeclarations and exhibits thereto, and the Order(s) based on these filings, shall be SEALED until\n\nfurther order of this Court.\n\n Plaintiffs also move to Proceed Under Pseudonyms, or in the alternative, that the Court\n\nenter a protective order. 8 Having considered the briefing, relevant case law, and noting that the\n\nMotion is unopposed, the Motion is GRANTED in PART. The Court GRANTS Plaintiffs\u2019\n\nMotion to Proceed Under Pseudonyms. Also, because Plaintiffs only move for a protective order\n\nin the alternative, the Court DENIES the Motion as to the Protective Order.\n\n IV. CONCLUSION\n\n For the reasons stated above, the Court DENIES Plaintiffs\u2019 Motion for a Temporary\n\nRestraining Order (ECF No. 2). The Court also GRANTS Plaintiffs\u2019 Motion for Leave to File\n\nUnder Seal (ECF No. 12). Doe Plaintiffs\u2019 Unopposed Motion to Proceed Under Pseudonyms and\n\nfor a Protective Order (ECF No. 12-3) is GRANTED as to the Motion to Proceed Under\n\nPseudonyms and DENIED as to the Protective Order.\n\n SO ORDERED on this 2nd day of November 2025.\n\n\n\n\n7\n Id. at 1\u20132.\n8\n Pls\u2019 Mot. to Proceed Under Pseudonyms and for Prot. Order 7, ECF No. 12-3.\n\n 7\n\f","ocr_status":2,"date_upload":"2025-11-02T16:50:06.789929-08:00","document_number":"13","attachment_number":null,"pacer_doc_id":"177018114294","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for TRO","acms_document_guid":""}],"date_created":"2025-11-02T16:10:24.719681-08:00","date_modified":"2025-11-02T16:10:24.727145-08:00","date_filed":"2025-11-02","time_filed":"18:03:39","entry_number":13,"recap_sequence_number":"2025-11-02.001","pacer_sequence_number":58,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/442653345/","id":442653345,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/71772101/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457268850/","id":457268850,"tags":[],"absolute_url":"/docket/71772101/11/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-10-30T15:06:34.825032-07:00","date_modified":"2025-11-01T05:56:56.566374-07:00","sha1":"e307e02067166527ed649721ebf07a2b8117ac93","page_count":10,"file_size":237484,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 1 of 10 PageID 448\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION\n\nMARA HOLDINGS, INC.; DOES 1-8 \u00a7\n Plaintiffs \u00a7\n \u00a7\nv. \u00a7 Civil No. 4:25-CV-1202\n \u00a7\nHOOD COUNTY, TEXAS; County Judge RON \u00a7\nMASSINGILL, in his official capacity; County \u00a7\nAttorney, MATT MILLS, in his official capacity; \u00a7\n& Hood County Elections Administrator, \u00a7\nSTEPHANIE COOPER, in her official capacity, \u00a7\n Defendants. \u00a7\n\nDEFENDANTS\u2019 ANSWER TO PLAINTIFFS\u2019 ORIGINAL COMPLAINT SUBJECT TO\n DEFENDANTS\u2019 PLEA TO THE JURISDICTION\n\n NOW COMES Defendants HOOD COUNTY, TEXAS (\u201cHood County\u201d), RON\n\n MASSINGILL (\u201cJudge Massingill\u201d), MATT MILLS (\u201cMills\u201d) and STEPHANIE COOPER\n\n (\u201cCooper\u201d) and files this, their Original Answer, subject to the preliminary determination of\n\n jurisdiction:\n\n Defendants generally denies that this Court has subject matter jurisdiction, personal\n\njurisdiction and that venue is proper based on the doctrine of sovereign immunity.\n\n Subject to the determination of jurisdiction, Defendants submit the following answer to\n\nPlaintiff\u2019s complaint:\n\n Defendants deny that they have committed any illegal conduct, violation of state laws,\n\ncollusion, or any violation of Plaintiffs\u2019 constitutional rights. Defendants further deny that\n\nPlaintiffs are entitled to any injunctive or declaratory relief.\n\n DENIALS & ADMISSIONS\n\n 1. Defendants denies the allegation in paragraph 1 that any and all alleged acts of\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 2 of 10 PageID 449\n\n\n\n unconstitutional use of local government to favor a small group of citizens or\n\n violate the constitutional rights of Plaintiffs and any allegations of impropriety.\n\n\n 2. Defendants deny the facts and allegations set out in paragraphs 1, 3-8, 11-17, 20-\n\n 22, 24-31, 33-47, 54, 61, 63, 65, 69-72, 74, 76, 80, 82-85, 89, 96-98, 103-104, 113,\n\n 116-117, 120-125, 128, 133-134, 136-139, 143, 147-153, 161, 164, 167, 177, 181,\n\n 184-185, 187-188, 199, 204, 210, 213, 215, 218, 220-221, 223-224, 228-231, 234-\n\n 235, 237-243, 246-254.\n\n\n 3. Defendants admit the facts and/or allegations in paragraphs 2, 18-19, 23, 32, 48-\n\n 50, 52-53, 55-59, 62, 66-68, 73, 75, 77-78, 81, 92-94, 99-102, 105-112, 114-115,\n\n 118-119, 122-123, 126-127, 131, 135, 140-142, 144, 154-160, 162-163, 165-166,\n\n 169-176, 178-180, 182-183, 186, 190-198, 200, 202-203, 205-207, 219, 226-227,\n\n 233, & 252.\n\n\n 4. Defendants do not have sufficient knowledge to either admit or deny the facts\n\nand/or allegations of paragraphs 9-10, 51, 60, 86-88, 90-91, 95, 132, 145, 168.\n\n\n 5. There is no need to admit or deny paragraphs 129, 208, 211-212, 214, 216-217,\n\n225, 232, 236, 244-245, & 251. Defendants deny all requests for relief and all of the subparts.\n\n\n PECIFIC DENIALS\n\n 6. Defendants specifically deny the allegations of efforts to secrete their actions,\n\ncollude with residents, avoid public discussion or opposition as alleged in paragraphs 5, 13, 17,\n\n28 & 43. Defendants took action openly and merely acted in their capacities to fulfill their\n\nduties. Further, there is much evidence, some proffered by Plaintiffs in their own exhibits that\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 3 of 10 PageID 450\n\n\n\nPlaintiffs were fully aware of the events they complain were done in secret, as evidenced by\n\nmultiple instances of correspondence between Plaintiffs and all Defendants. Plaintiffs also\n\nsubmitted an open records request to which Defendants responded with the utmost transparency,\n\ndiligence and produced all documents requested in a clear effort to provide transparency.\n\nDefendants never \u201csecretly colluded\u201d with any residents, much less to \u201cgain regulatory power\n\nover Plaintiffs.\u201d Any regulation that would result from the incorporation of Mitchell Bend\n\nwould rest with the newly incorporated city, not the County. Therefore, Defendants\u2019 acts, which\n\nwere done openly, would not have deprived Plaintiffs of any rights or due process as alleged.\n\nThese allegations are simply put, fabricated as well as any resulting consequences to the\n\nPlaintiffs caused by Defendants acting in their ministerial capacity as no power to regulate\n\nPlaintiffs would pass to Defendants or change in any way as a result of incorporation.\n\n\n 7. Defendants specifically deny the allegations of violations of state law or statute\n\nin any procedural defects or other actions taken to address Petitioners\u2019 application for\n\nincorporation, obtaining the order allowing the issue to be put to a vote and other allegations of\n\nillegality as alleged in paragraphs 6,17, 86-95, 125, & 129-127. Plaintiffs make these allegations\n\nbased on vague unconfirmed facts, circumstantial hearsay, and unproven mischaracterizations\n\nof the acts of individual actors for the County. First, Plaintiffs make vague and conclusory\n\nillegality claims against the Defendants that they somehow acted intentionally and improper\n\nwhen in fact Defendants were acting ministerially in their duty to their constituents and the state\n\nas elected officials.\n\n\n 8. Defendants specifically deny the allegations of statutory deficiencies in their\n\napplication. Plaintiffs\u2019 allegations in paragraphs 107-115, 116, 118-120, 122-128 purport that\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 4 of 10 PageID 451\n\n\n\n Petitioners\u2019 application should be declared ineligible because the area of proposed incorporation,\n\n Mitchell Bend, does not meet the criteria required by Section 7.001(1) of the Texas Local\n\n Government Code in that Mitchell Bend does not constitute an unincorporated town or village.\n\n Plaintiffs further state that \u201cincorporation contemplates the existence of an actual village, town\n\n or city.\u201d Plaintiffs contend that Mitchell Bend consists of nothing more than two subdivisions\n\n and a bitcoin mining facility and also that it is nothing more than a road. Not only are their\n\n statements about Mitchell Bend contradictory, but also patently untrue. Mitchell Bend is an\n\n unincorporated town/village founded in the 1860s. Plaintiffs could have discovered this by\n\n performing a simple web search for Mitchell Bend, Texas. The Hood County Historical Society\n\n website explains the origin of Mitchell Bend, Texas. It was established in the 1860\u2019s by Nelson\n\n \u201cCooney\u201d Mitchell, whose claim to fame is that he is the only man ever legally handed in Hood\n\n County. The community is named for Mitchell. 1 The community has institutions like the\n\n Mitchell Bend Cemetery, which hold State Historical Marker No. 3421, that explains the origin\n\n of the community, the infamous Michell/Truett family feud of 1874 and famous persons buried\n\n in the cemetery. 2 The United States Geological Service maps show Mitchell Bend on its official\n\n map of Hood County, Texas, also showing not only Mitchell Bend, but also the Mitchell Bend\n\n Cemetery and streets such as Mitchell Bend Highway and Mitchell Bend Court. 3 The August\n\n 11, 1966, edition of the Hood County News-Tablet has an article entitled \u201cCounty Schools Had\n\n Humble Beginning\u201d in which it discusses the founding the Mitchell Bend school in the\n\n 1920s. 4 Today Mitchell Bend contains not only residential and community institutions, but\n\n local business like Mara Holdings, in direct opposition of Plaintiffs\u2019 allegations to the contrary.\n\n\n\n1\n See Exhibit 1 https://hctxhs.org/articles/feud.htm and https://www.granburydepot.org/z/biog/cooney.htm\n2\n See Exhibit 2 from the Texas Historic Sites Atlas of the Texas Historical Commission https://atlas.thc.texas.gov/Details/5221003421\n3\n Exhibit 3 - https://ngmdb.usgs.gov/topoview/viewer/#13/32.3229/-97.7015\n4\n Exhibit 4 - https://texashistory.unt.edu/ark%3A/67531/metapth1283127/m1/16/\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 5 of 10 PageID 452\n\n\n\n 9. Defendant specifically denies the Plaintiffs\u2019 allegations in paragraphs 129-137 &\n\n 148-153 that the Application for Incorporation at issue in this case failed on its face in that it did\n\n not comply with Section 7.002(b) of the Texas Local Government Code. The flimsy assertion\n\n that the Application proposed two town names instead of \u201ca\u201d town name is absurd. Any flaws\n\n in the Application or the corresponding Order granting the Application are clearly unintentional\n\n administrative errors. These paragraphs also contain allegations of the absence of boundaries\n\n as required by Section 7.008. Defendants are confused at this allegation as the Exhibit Plaintiffs\u2019\n\n proffered to this court clearly has attachments outlining the boundaries and plat proposed as well\n\n as a map and a listing of addresses affected. Any insufficiencies alleged by the Plaintiffs fail as\n\n a proposed violation of statute. In fact, a request for investigation was made to the Secretary of\n\n State, and the Secretary of State issued a response that determined that any action that seeks to\n\n invalidate or cancel a scheduled incorporation election would be inconsistent with the Texas\n\n Election Code absent statutory authority. 5 Further, the Petitioners\u2019 outlined the boundaries with\n\n sufficiency in accordance with the statute. The statute does not require an official survey or any\n\n other specific format for the proposed boundaries. In fact, the Application contains every address\n\n proposed as well as a visual map and property record plats.\n\n 10. Defendants specifically deny allegations contained in paragraphs 19, 107-108 &\n\n 140-144 that Petitioners\u2019 Application failed statutorily. Defendants admit the Petitioners erred\n\n in failure to update the Section of the Texas Local Government Code from Chapter 8 to Chapter\n\n 7 in the application. However, the intentions of organizing a city under Local Government Code\n\n Chapter 7 are clear by the cover letter submitted to the County Court from Mr. Lakey on August\n\n 12, 2025 that the Application was being submitted under Chapter 7 requesting incorporation as\n\n\n\n5\n See Exhibit 5 \u2013 Letter from Secretary of State\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 6 of 10 PageID 453\n\n\n\n a Type B General Law Municipality. It is clear by the statements of requirements the application\n\n met that the intention for all purposes of the application was to effect a proposal to voters for a\n\n Type B General Law Municipality. 6\n\n 11. Defendants specifically deny the allegations of any impropriety or violation of\n\n the Texas Open Meetings Act. Defendants had no statutory duty or any duty otherwise to inform\n\n the public of the pending incorporation being put on the ballot and had no control over what\n\n private citizens spoke about in a meeting of the Commissioner\u2019s Court as alleged. There never\n\n existed any duty to place the incorporation discussion on the agenda, therefore no violation can\n\n exist when no duty existed.\n\n 12. Defendants specifically deny allegations that they \u201cwillingly ignored the\n\n statutory prerequisites to consider an Application for Incorporation.\u201d Notably, one of the\n\n leading Petitioners filed the complaint with the Texas Secretary of State against County Judge\n\n Ron Massingill even after Judge Massingill approved their second petition for incorporation.\n\n This undercuts the Plaintiffs\u2019 theory that Defendants were working \u201cfeverously\u201d with Petitioners\n\n to push a \u201csham\u201d election.\n\n AFFIRMATIVE DEFENSES\n\n13. Defendants assert the following affirmative defenses:\n\n a. Plaintiffs\u2019 claims fail to state an actionable claim against it, upon which relief may\n\n be granted;\n\n b. Plaintiffs\u2019 state that for the relevant time period in question and at all relevant times\n\n \u2013 no official policy, practice or custom of the County and the other named\n\n Defendants in their official capacities were the actual or proximate cause of the\n\n\n6\n See Exhibit 6 \u2013 Letter and Application submitted to the County Court on August 12, 2025.\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 7 of 10 PageID 454\n\n\n\n Plaintiffs\u2019 alleged injuries;\n\n c. Defendants state that the acts complained of by Plaintiffs were not proximately\n\n caused by any constitutionally defective police, practice or custom of the County;\n\n d. Defendants state that the acts complained of by Plaintiffs were not proximately\n\n caused by any violation of the constitutional rights of Plaintiffs, nor the constitution\n\n or violation of state law;\n\n e. Defendants state that for the relevant time period in question and at all relevant\n\n times \u2013 no official policy, practice or custom of the County and the other named\n\n Defendants in their official capacities were the moving force behind the alleged\n\n deprivation of Plaintiffs\u2019 rights;\n\n f. Defendants deny that the County and any of the named Defendants in their official\n\n capacities deprived Plaintiffs of any constitutional rights as guaranteed by the\n\n Constitutional and/or statutory provisions occurred as a result of the admitted acts\n\n of Defendants;\n\n g. Defendants deny all allegations that any violation of the Texas Open Meetings Act\n\n occurred;\n\n h. Defendants state that for the relevant time period in question and at all relevant\n\n times, no official County policy or any wide-spread custom having the force of\n\n official policy, was the moving force behind the cause of Plaintiffs\u2019 alleged injuries.\n\n Further, Defendants state that no deliberate or secretive actions created any\n\n circumstances of known risk of deprivation of constitutional or statutory rights as\n\n alleged in Plaintiffs\u2019 complaint;\n\n i. Defendants state that Plaintiffs failed to mitigate any alleged damages by\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 8 of 10 PageID 455\n\n\n\n intentionally delaying taking any actions to protect themselves from alleged\n\n damages, despite knowledge of the actions complained of months before the filing\n\n of Plaintiffs\u2019 complaint and request for injunctive relief;\n\n j. Plaintiffs have failed to meet conditions precedent to filing its Complaint and as a\n\n result of their own delay now request emergency injunctive relief that severely\n\n prejudices Defendants\u2019 defense;\n\n k. Defendants were acting in their ministerial duties and were obligated to act to\n\n satisfy their duties as duly elected officials for the County;\n\n l. There is no legal or factual basis for recovery against this Defendants for any actual\n\n or statutory damages;\n\n m. Plaintiffs\u2019 claims are barred by the doctrine of sovereign immunity; and\n\n n. Plaintiffs have no standing to bring tort claims, to contest any procedural errors,\n\n to stop an election and there is no controversy that exists between the parties;\n\n o. Plaintiffs have failed to meet the standard for injunctive relief; and\n\n p. No statutory waiver of Defendants\u2019 governmental immunity that would entitle\n\n Plaintiffs to injunctive or mandamus relief.\n\n q. Plaintiffs failed to name any of the Petitioners in their lawsuit, which violates\n\n F.R.C.P. Rule 19(a). The disputes Plaintiffs have is with the Petitioners, not Hood\n\n County and County officials acting in their ministerial duties with regard to the\n\n application.\n\n\n ATTORNEYS\u2019 FEES\n\n Defendants are requesting their reasonable and necessary attorneys\u2019 fees as allowed by\n\nlaw.\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 9 of 10 PageID 456\n\n\n\n PRAYER\n\n WHEREFORE, PREMISES CONSIDERED, Defendants respectfully pray that the\n\nCourt deny all injunctive relief requested by Plaintiffs, dismiss Plaintiffs\u2019 claims in their entirety\n\nfor lack of jurisdiction and standing, and award Defendants their reasonable and necessary\n\nattorney\u2019s fees and costs, and for such other and further relief, at law or in equity, to which\n\nDefendants may be justly entitled.\n\n\n Respectfully submitted,\n\n THE MARTINEZ DE VARA LAW FIRM, PLLC\n\n P.O. Box 377\n Von Ormy, Texas 78073\n Telephone: (210) 622-0323\n Facsimile: (210) 622-4021\n\n By: /s/ Art Martinez de Vara\n Art Martinez De Vara\n State Bar No. 24060230\n art@mdv-law.com\n Charles H. Sierra\n State Bar No. 18345300\n charles@sierraspears.com\n\n & LOCAL COUNSEL\n\n By: /s/ Matthew A. Mills\n Matthew A. Mills\n Hood County Attorney\n State Bar No.: 24060282\n mmills@hoodcounty.texas.gov\n Telephone: 817-579-3216\n Fax: 817-579-3218\n\n ATTORNEYS FOR DEFENDANTS\n\fCase 4:25-cv-01202-O Document 11 Filed 10/30/25 Page 10 of 10 PageID 457\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that a true and correct copy of the foregoing Answer was sent to opposing\ncounsel and all parties of interest on October 30, 2023.\n\nVia Email Service\nRobert E. Thackson\nPaula D. Pendley\nEmily K. Nguyen\nTanya B. Scarbrough\nNELSON MULLINS RILEY & SCARBROUGH, LLP\n3333 Lee Parkway, Suite 750\nDallas, Texas 75219\n469.484.6100 (Telephone)\n469.828.7217 (Facsimile)\nrobert.thackson@nelsonmullins.com\npaula.pendley@nelsonmullins.com\nEmily.nguyen@nelsonmullins.com\nTanya.scarbrough@nelsonmullins.com\n\nAttorneys for Plaintiffs\n\n /s/ Art Martinez de Vara\n Art Martinez de Vara\n\f","ocr_status":2,"date_upload":"2025-10-30T15:09:24.771166-07:00","document_number":"11","attachment_number":null,"pacer_doc_id":"177018110444","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Answer to Complaint","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457269287/","id":457269287,"tags":[],"absolute_url":"/docket/71772101/11/1/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-10-30T15:07:46.748528-07:00","date_modified":"2025-11-01T06:13:19.065480-07:00","sha1":"a40582f2e9f316c74f6dba895f937e85e017cce6","page_count":3,"file_size":131285,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Hood County Texas\n Case 4:25-cv-01202-O\n Document 11-1 Genealogical\n Filed 10/30/25 Page 1 ofSociety\n 3 PageID 458\n\n\n\n\n NELSON A. \"COONEY\" MITCHELL\n 1796 - 1875\n Only man ever legally hanged in Hood County\n\n Contributed by Jay C. Follett\n\n From Hood County Genealogical Society Newsletter No. 21 - February 1989\n\n\n\n\nAfter I graduated from college last June and moved to Texas, I began to develop an interest in genealogy. I\nlived in Texas for a year as a child and my mother was born in Texas. When we moved to Fort Worth I\nnoticed how close I was to the places where my ancestors lived. The search for my ancestors led me to\ndiscover my 4th great-grandfather, Nelson Mitchell (nick-named \"Cooney Mitchell\").\n\nNelson Mitchell was born in Granville County, North Carolina in 1796. After his first wife died, he\nremarried and had several children. Among his children were Georgia Ann or Georgiana (my 3rd great-\ngrandmother). Dan, Bill, and Jeff Mitchell. The family moved to Texas in the 1860s, and to Hood County\nin the 1870s. They purchased land along the Brazos River at a place later to become known as Mitchell\nBend, about 7 miles south of Granbury.\n\nWhile living in Mitchell Bend they met a family named Truitt who became their neighbors at the bend.\nNelson aided the Truitts in settling the bend by carrying the note for the Truitt property. A dispute\ndeveloped over money owed on this note and this dispute developed into a feud that was to end in murder\nand tragedy for both the Mitchells and the Truitts. T.L. Sonnichsen wrote a book about this feud titled\nOutlaw on the Dodge with Baldy Russell. This book recently came back into print and details the story.\n\nThe lawsuit created ill feelings between the families and these feelings came to a boil on the 28th of\nMarch, 1874. The families had been to court in Granbury where a lawsuit over the note was being held.\nAfter the proceedings of the day were completed the families headed south for Mitchell Bend. While on\nthe journey home Bill Mitchell and Mit (or Mint) Graves met up with three of the Truitt boys: James, Sam,\nand Isaac. What happened next no one can be sure but it appears that the Mitchell boys gunned down Sam\nand Isaac and wounded James Truitt. At the time of the shooting Nelson Mitchell and William J. Owens\n(Georgia Ann's husband) lagged behind. After the shooting Bill Mitchell and Mit Graves fled, and Nelson\nand the remainder of his party returned to the bend.\n\nThe news swept through the community and the next day Nelson Mitchell, William Owens, and others\nwere arrested. Nelson appears to have been innocent of the crimes, but he was up against an inflamed jury\nand an outraged community. He was sentenced to hang and William Owens was sentenced to life in prison.\nWhile Nelson was in jail his son, Jeff Mitchell, attempted to \"bring him a gun to be used for an escape\nattempt and some poison to be used on himself if the attempt failed.\" While attempting to deliver these\n\farticles in the night, Jeff was shot and killed. On October 9, 1875, Nelson Mitchell was hanged in a public\nceremony inCaseGranbury. At the time of\n 4:25-cv-01202-O his hanging\n Document 11-1he was\n Filed80 years old.Page\n 10/30/25 He was\n 2 ofthe\n 3 only man459\n PageID ever legally\nhanged in Hood County. Both Nelson and his son Jeff were buried in Mitchell Cemetery at the bend. After\nfive years in prison William Owens was pardoned.\n\nBill Mitchell wound up in New Mexico and lived under the alias of Bill Russell, more commonly known\nas Baldy Russell. After 17 years at large, he traveled back to Texas, found James Truitt, walked into his\nhouse and gunned him down in cold blood, and again fled to New Mexico where he remained at large for\nseveral years until he was apprehended and sent to prison. After a short stay in prison, he escaped and fled\nto New Mexico where he died.\n\nAs a boy, my grandfather, Jimmie Hamilton, was acquainted with Dan Mitchell. He was always curious as\nto why Dan always wore a gun everywhere he went, but the family never discussed the matter. Apparently\nbitter feelings in the family prevented the story from being told. Fortunately for those of us interested in\nour personal and family history, the story has been preserved.\n\n For more information, go to another accounting of this incident.\n\n\n ~ Web Page by Virginia Hale ~\n\n HOOD COUNTY TEXAS GENEALOGICAL SOCIETY\n\fCase 4:25-cv-01202-O Document 11-1 Filed 10/30/25 Page 3 of 3 PageID 460\n\f","ocr_status":1,"date_upload":"2025-10-30T15:09:25.382023-07:00","document_number":"11","attachment_number":1,"pacer_doc_id":"177018110445","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit(s) 1","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457269288/","id":457269288,"tags":[],"absolute_url":"/docket/71772101/11/2/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-10-30T15:07:46.809404-07:00","date_modified":"2025-11-01T06:13:17.901318-07:00","sha1":"148b4ad49c67fb5f3e5699f23a76816cfcad898d","page_count":1,"file_size":170665,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.2.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.2.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"TEXASEAST ORO MOA sco RUMEent 11-2\n\nFiled 10/30/25\n\nTEXAS HISTORIC SITES ATLAS\n\nDetails for Mitchell Bend Cemetery\nHistorical Marker \u2014 Atlas Number 52210034721\n\n& Print all detailed data\n\nRecord Data Map\n\nData\n\nMarker Number\nAtlas Number\nMarker Title\nIndex Entry\nAddress\n\nCity\n\nCounty\n\nUTM Zone\nUTM Easting\nUTM Northing\nSubject Codes\nMarker Year\n\nRecorded Texas Historic\nLandmark\n\nMarker Location\n\nPrivate Property\nMarker Condition\n\nMarker Size\n\nMarker Text\n\n3421\n\n5221003421\n\nMitchell Bend Cemetery\nMitchell Bend Cemetery\nMitchell Bend Cemetery Rd.\nGranbury\n\nHood\n\n14\n\n723052\n\n3772756\n\ncemetery\n\n1989\n\nNo\n\nPage 1of1\n\nPagelD AG AKAs |\n\nHISTORICAL\nCOMMISSION\n\nREAL PLACES TELLING REAL STORIES\n\nReport an error with this data\n\nMitchell Bend Cemetery. From Granbury, 5.5 mi. S on SH 144, 2 mi. E on FM 2425 (Mitchell Bend Hwy.), 3.5 mi. S on\nCR 313 (Mitchell Bend Ct.), 0.1 mi. W on Mitchell Bend Cemetery Rd. Marker reported damaged Aug. 2009.\n\n18\" x 28\u00b0\"\n\nThe Mitchell Bend of the Brazos River and this area of Hood County are named for an early settler, Nelson Cooney\nMitchell. He was convicted of a murder arising out of a feud with the Truett family in 1874 and was hanged one year\nlater. Mitchell is buried in this cemetery, as are many other pioneer settlers and their descendants. The earliest\nmarked grave is that of one-year-old James Earnest, who died in November 1872. According to local tradition,\nhowever, some of the unmarked graves may date to before the Civil War. (1989)\n","ocr_status":1,"date_upload":"2025-10-30T15:09:25.954118-07:00","document_number":"11","attachment_number":2,"pacer_doc_id":"177018110446","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit(s) 2","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457269289/","id":457269289,"tags":[],"absolute_url":"/docket/71772101/11/3/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-10-30T15:07:46.839440-07:00","date_modified":"2025-11-01T06:13:17.181778-07:00","sha1":"16e4099e9461b866945046e699ad64218a9a1ead","page_count":1,"file_size":1868702,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.3.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.3.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" \uf085\n\n\n\n\n \uf1de\n \uf057\n\n\n\ue603\n \ue903 \ue904 \ue900 Location Map Name\n\n\n Case 4:25-cv-01202-O Document 11-3 Filed 10/30/25 Page 1 of 1 PageID 462\n Search by location \uf002 \uf00d\n\n 1880 \uf111 \uf111 2024\n\n + All 250K 100K 63K 48K 24K HTMC UST All\n\n\n\n\n - The latest version of topoView includes both current and\n historical maps and is full of enhancements based on\n hundreds of your comments and suggestions. We've made\n finding and exploring USGS topographic maps easier than\n \uf0ac ever.\n Getting Started\n\uf0d9 \uf0da 1 Enter a location in the location search above to see all\n maps at that location\n -OR-\n \uf059 2 Simply click/tap anywhere on the map to show all\n maps at that point\n -OR-\n \ue906 3 Search by quadrangle name in the map name\n search above\n Use the timeline and scale filters to dynamically refine your\n search or to visualize the progression of mapping by the USGS\n throughout history. Help us make topoView more useful by\n sending us comments on the site's usability and performance.\n We value your suggestions. Thank you for using topoView!\n\n \ue901\n\n\n\n\n \uf05a\n Lat: 32\u00b0 18' 24'' N Long: 97\u00b0 41' 57'' W\n \uf086 500 m\n DMS DD \ue903 MGR UTM\n 2000 ft\n Scale 1:36,112\n \uf1e0 Map Records: 34\n Leaflet \u00a9 Mapbox \u00a9 OpenStreetMap| Improve\n\f","ocr_status":2,"date_upload":"2025-10-30T15:09:26.594545-07:00","document_number":"11","attachment_number":3,"pacer_doc_id":"177018110447","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit(s) 3","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457269290/","id":457269290,"tags":[],"absolute_url":"/docket/71772101/11/4/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-10-30T15:07:46.864875-07:00","date_modified":"2025-11-01T06:05:33.559854-07:00","sha1":"d42c797922c4efe04df371ebe4da0d7a4100c487","page_count":1,"file_size":1359497,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.4.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.4.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"HOOD COUNTY NEWS-TABLET GRANBURY, TEXAS 176048\n\nTHURSDAY, AUGUST 11, 1966\n\nbos he a\n\nSR ie ae se ks\nee iiasie\neeu)\n\nThis group of steers topped the market, William Anderson, second from right,\n\nGranbury now, living at 707 W.\nlived in Cresson,\n\nOULD eat Wc less. Bi\n\nBr bags te)\nna) MLS NS RELY\nmL\n\nBridge, On the right is Edgar\n\nLS\nSink aes\n\nch\n\nee\n\na resident of |\nYoung, now deceased, who aah\n\nCounty Schools Had\nHumble Beginning\n\nFor a county of only 426\nsquare miles, Hood had a great\nnumber of schools at one time,\nSince four schools now\n\nserve\nthe county, Lipan, Tolar, Cres-\nson, and Granbury, a number\n\nas large as 38 different schools\nseems almost unbelievable.\nFireplace, Dirt Floor\n\nThe situation of the early\nschools is perhaps best describ-\ned by W. H. Barker in a writ-\nten recoHection of the early\ndays of the county.\n\nMr. Barker was the father of\nMrs, Oran Baker, He settled in\nthis area in the 1800's and dic-\ntated these remembrances in\n1901 of life and growth during\nthe early days of Hood snd\nSomervell County.\n\n\u201cOf course, the Hirst settlers\nhad no schools until there was\nenough in a neighborhood to\njustify them to employing a\nteacher, But as soon as a neigh-\nborhood was strong enough by\nsending three or four miles, a\nhouse, or rather, s log cabin\nwas built about the center of\nthe neighborhood and a teacher\nemployed at the rate of one\ndollar a scholar per month, or\none dollar and a half. Hence,\nsome were without e school\ntwo or three years and when\nwe did get a school we had to\ntake very common teachers be-\ncause the school was small.\u201d\n\nMr. Barker\u2019s recollection fur-\nther describes the school build-\nings of the day.\n\n\u201cOur school houses were built\nof small logs, fourteen or six-\nteen feet long, cover\u00e9d with\nthree foot boards and dirt floor,\nThe fire place consisted of one\nwhole end of the house, being\nbuilt up with the house to the\nand clay, For e window, a log\nand clay. Wor a window, a log\nthe whole length of the house\nwas cut out, opposite the chim-\nney. A writing desk was placed\nunder the window, The writing\ndesk was a slab of hued out\nabout six inches thick, twelve\nor fifteen inches wide, and four-\nteen feet long and resting on a\npen drove in the wall at each\nend. The benches were made of\na tree or log ten or twelve feet\nlong, split open, the split side\nhued to a fine face, holes bored\nin each end with an inch and\na half or two inch auger and\nsmall poles the proper length\nfor legs. The door shutter was\nmade by nailing boards or a\nrawhide to a frame made the\nproper size and hung on raw-\nhide hinges. Some houses had\npuncheon floors and different\nshaped chimneys. The fireplaces\nwere made with rock, cracks\nstopped with rocks and mud.\u201d\n\nRecords were scarce on the\ndetails of early schools and the\nactual beginnings are difficult,\nif not impossible, to establish.\nOne old record book of 1876\nlists school boards for various\nschools, but gives no details a-\nbout establishment.\n\n\u201cOvers\u201d and \u201cUnders\u201d\n\nAn appropriation was made\nby the state for children be-\ntween the ages of 8 and 14 for\ntheir schooling. At later times,\nthe age limit was raised. There\nwere \u201covers\u201d and \u201cunders\u201d in\nage who paid tuition to attend\nschool,\n\nA record book of 1883 includ-\nes petitions for the organiza-\ntion of school communities over\nthe county, Not until several\nyears later did the state require\ncounties to be divided into dis-\ntricts,\n\nThe following is an example\nof these petitions:\n\n\u201cBe it known on this 31st day\nof July, 1883, a petition was\nfiled by W. A. Duke and others,\nin office, praying that a school\ncommunity be organized at\nGranbury, The petition has been\nexamined, and it is hereby or-\ndered that the signers to said\npetition are constituted and re-\neognized as Granbury School\nCommunity No, 18, It is further\nordered that the sum of $615.09\nbe credited on the books of the\nCounty \u2018Treasurer, for the bene-\nfit of said community, to be\napplied to the maintenance of\ntheir Public School.*\u201d\n\n\"It is further ordered that W.\nA. Duke, A. P. Gordon, and H.\nE. Hanna be and are hereby\nappointed Trustees for said\nschool community, (Signed) \u2018T.\nJ. Duke, County Judge.\u201d\n\n* Note -- If the money is to\nbe applied in aid of building a\npublic school house, so state,)\"\n\nThis record does not mean\n\n+ this was the beginning for\n\n~e schools; it was a record-\ning necessitated by some ordi-\nnance, it is theorized.\n\nSchools Listed\n\nBesides the more well known\nschool communities as Gran-\nbury, Temple Hall, Paluxy, Ac-\nton, Thorp Spring, Fall Creek,\nand Marvin Chapel, there were\nmany other schools listed.\n\nCrockery Creek was the name\nof one school. The creek runs\ninto Kickapoo Creek near Lipan\nand the school was somewhere\nnear,\n\nThe record lists two schools\nnamed Allison, One was suppos-\nedly near Kickapoo Creek; the\nother was a community near Ft.\nSpunky,\n\nShady Grove was east of the\nBrazos River near what we\nknow as Acton, Caulders was a\nschool east of Granbury, thought\nto be named for a preacher in\nthe vicinity,\n\nFosters was a school also\nknown by the name Martin and\nlater Bethel, according to sourc-\nes. Post Oak Grove was south\nof Tolar, near Paluxy,\n\nArrington, also known as\nFriendship, was between Gran-\nbury and Tolar. Stroud Creek\nwas in the area of Asbury and\nAntioch near Tolar, Add Ran\nSchool was near Thorp Spring\nand, like the college, was nam-~-\ned for Addison and Randolph\nClark.\n\nRucker\u2019s Creek School may\nhave been what was also called\nRocky Point, It was above New\nHope School, which was also\nlocated on Rucker\u2019s Creek.\n\nNames Change\n\nPleasant View, originally Elm\nFlat, is suid to have been east\nof what is now Mambrino, near\nWell's Cemetery. Rough Creek\nwas later known as Brushy,\nsoutheast of Tolar, Mt. Pleasant\n\nwas west from Brushy, on\n\nSquaw Creek, A cemetery is\n\nHood County's\n\n1 Figst\nHct oN als\n\nWith the creation of the\ncounty in 1966, SN cee\nwere appointed to see that\ncounty officers were elected.\nChosen under the spervision of\n\nf| the existing Texas constitution,\n\nthe men were to serve four\nyear terms.\n\nThose chosen, according to\nwhat \u201cThe History of Hood\n| County\u201d calls \u201cthe most reliable\nsources,\u201d were Abe Landers,\ncounty judge; A. J. Wright,\nsheriff; Alex S. McCamant,\nclerk of the county court; Peter\nGarland, treasurer; John Morris,\nclerk of the district court; and}\nGideon Mills, tax assessor and)\ncollectar.\n\nWhst we now call the com-)\nmissioners court was then term-\ned the police court and along\nwith the county judge, these\nmen were the members: C. C.\nAlexander, Wilson Barker, John\nMeek, and Joe Robertson,\n\nWhen the reconstruction goy-\n\n\u201cahien 0s <7 | ernment took over in Washing-\n\nton following the Civil War, a\nprovision was made that all\nConfederate states had to take\nan oath that they had not par-\njticipated in the war.\n\nThe sheriff, A. J. Wright, had\nbeen a captain of a company of\nMissouri volunteers in the Con-\nfederate Army and was forced\nto give up his office. He was\nsucceeded by J .C. Hightower.\n4. S. McCamant, who was the\n\nen holders in the previously |*\n\nstill there, |clected county clerk was offic-\n\nPowell\u2019s School\nTolar ares, before\na named settlement. The Ever-\ngreen School may have been\nwhat we call Fairview.\n\nLawler Branch School was\nneat that stream of water\nwhich runs into the Paluxy.\n\nMt, Ebo and Mt. Zion were\nschools for Negro students,\nContrary Creek School was\nnear the Wiggins place at the\nturnoff of highway 2425.\n\nThe petition record book\nnotes one school with no par-\nticular name. It was called\nmerely, /'a school on Pearl St.\"\nAnother with an unusual no-\n\ntation instead of a name was.a\n\u201cfractional school community on\nthe Johnson County line.\u201d\nThe Herrings School was near\nthe Parker County line and lat~\ner became, by an act of the}\nlegislature, a County Line In- i\ndependent School District call-|\ned Herring Hightower. With ad-\njoining territory in Parker\nCounty,\n\nwas in the /\nTolar was |\n\n50 Teachers Paid\n\nThe same record book noted\nthat during the school year of\n1882-83 there were 46 male\nteachers employed who were\npaid a combined monthly total\nof $906.89. The four female\nteachers in the county received\nan average monthly total of\n$180.50 for their work, That\nmeant that an average of\n$1,094.38 in teachers salaries\nwere paid, (Today the state re-\nquires a yearly minimum or\nbase pay salary for each teach-\ner of over $4,000.)\n\nThe salaries of these early\nteachers were based not only\non their experience and the\nnumber of pupils, but also on\nthe number of days in the year\nthat they actually taught, which\nmight vary from as few as\nthree months or less to nine\nmonths.\n\nLater records show that in\n1915, Bethel was petitioning to\nbuild a new school house, stat-\ning a minimum of $635, not in-\ncluding equipment. It was to be\na frame building, of first class\nmaterial, 24 by 36 feet and was\nto have a \u201cstove equipped with\nfresh air intake and foul air\nextractor; all interior wood\nwork shall be without such un-\nnecessary turnings or carvings\nas to catch dust and microbes.\u201d\n\nOther schools appeared on the\nrecords available by the 1920's.\nIncluded were Stockton Bend,\nCottonwood, Hill City, Prairie\nCreek, Colony, Bald Knob,\nMitchell Bend, Ellis, New Har-\nmony, Cresson, Live Oak or\nWaples, DeCordova or Kristen-\nstad, Asbury and Antioch,\n\nGradually most of the schools\ngrew smaller and the student\nbodies reduced. The advantages\nof larger schools and better\ntransportation was realized and\nutilized,\n\nIn 1956, Acton and Mambrino\nwere still school districts, in\naddition to the larger ones in\nGranbury, Lipan, Cresson and\n\nTTT\n\nially replaced by J. F, Nutt,\nalthough McCamant\ncontinued to perform the clerk\u2018s|\nduties.\n\nOa\n\nQuestions & Answers\nQUESTION: Who was the\nfirst County Judge in Hood\nCounty?\n\nANSWER; The first County\nJudge in Hood County was Abel\nLanders,\n\nactually |\n\n\u00a2\nki\n\no25LAND BANK-LOANS\n\nHAVE BEEN AVAILABLE IN\n\nHOOD COUNTY\n\nFOR\n\n50 YEARS\n\ncan work :\nfor you...\n\nWhen you choose a tractor or a cowhorse, you do so with\ngreat care\u2014to be sure it fits your particular need\u2014that it\nwill work for you effectively. When you need to borrow\nmoney, the loan should be selected with the same careful\nconsideration. Here are some of the important things to\nlook for in a long-term farm or ranch real estate loan:\n\nwith a\n\n1, The right to pay \u201con or before\" without penalty.\n2. A long-term loan with reasonable interest rate\nand payments geared to YOUR operation.\n3. Convenient loan service with homefolk who un-\nderstand your problems,\nA Land Bank loan offers all of these advantages and\n\nmore. See us for details on how you can make money\nwork for you,\n\nssenaenevonsannen\n\nCharles L, Hearn\n\nFEDERAL LAND BANK ASSN.\n\n1122 North Main St.\nCLEBURNE, TEXAS\n\nPOUUVCVUUEUUOAEUGUGU TRAE\n\nTolar. Acton was annexed\n\n+\neo\n\nras\nGranbury in 1960,\n\nNUON TTT\n\nANU\n\nongratulations on\nYour\n\nAS OWNER OF THE GREAT SOUTHERN RANCH\nIN ERATH COUNTY, | WISH TO CONGRATULATE\n\nYOU PEOPLE OF GRANBURY AND HOOD COUN-\nTY ON YOUR 100TH ANNIVERSARY. | HOPE YOU\nHAVE A WONDERFUL CELEBRATION. | EXPECT\nTO ATTEND.\n\nreat Southern Ranch\n\nDr. Vance Terrell, Owner\n\nStephenville Texas\n\nINNA UNUULAUUUAU ULNA\n\nHANUUUTUALNUUUUAULSULUUUUULU LL US 8 ee sees ene ancees cinco\n\nAINNI\n\n","ocr_status":1,"date_upload":"2025-10-30T15:09:27.179205-07:00","document_number":"11","attachment_number":4,"pacer_doc_id":"177018110448","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit(s) 4","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457269291/","id":457269291,"tags":[],"absolute_url":"/docket/71772101/11/5/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-10-30T15:07:46.892561-07:00","date_modified":"2025-11-01T06:13:21.003100-07:00","sha1":"a59396d4a071f938fb13b4f49f28bbbfa29e6c11","page_count":2,"file_size":222949,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.5.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.5.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 4:25-cv-01202-O Document 11-5 Filed 10/30/25 Page 1 of 2 PageID 464\n The State of Texas\n\nElections Division Phone: 512-463-5650\nP.O. Box 12060 Fax: 512-475-2811\nAustin, Texas 78711-2060 Dial 7-1-1 For Relay Services\nwww.sos.state.tx.us (800) 252-VOTE (8683)\n Jane Nelson\n Secretary of State\n\n\nOctober 6, 2025\n\nCheryl Shadden\n8405 Contrary Creek Road\nGranbury, Texas 76048\ncherylshadden@yahoo.com\n\nMs. Cheryl Shadden,\nThis letter is in response to the complaint that you submitted to our office regarding your\nconcerns with the alleged invalidation of the application to incorporate the community of\nMitchell Bend by Hood County Judge Ron Massingill.\n\nIn your complaint, you allege that during a Commissioners Court meeting held on August 12,\n2025, Judge Massingill publicly stated that he had invalidated the application to incorporate. You\nfurther allege that this action may have been influenced by a letter he reportedly received from\nthe Nelson-Mullins law firm, acting on behalf of MARA Holdings, Inc. Additionally, you state that\nJudge Massingill had however, subsequently signed the application to incorporate a second time\nand that the measure remains on the ballot for the November 4, 2025 election.\nThe Office of the Texas Secretary of State does not have any authority to investigate allegations\nof criminal conduct. However, if our office receives a complaint that provides reasonable cause\nto suspect that alleged criminal conduct occurred in connection to an election, our office is\nrequired to refer the complaint to the Texas Attorney General for investigation, pursuant to\nSection 31.006 of the Election Code.\n\nOur office has reviewed each of your concerns, and based on the information provided in the\ncomplaint, we understand that potential election irregularities may have occurred. Please be\nadvised that election irregularities, while concerning, are not necessarily criminal in nature.\nTherefore, our office is not referring this matter to the Texas Attorney General for investigation.\n\nHowever, our office will be forwarding this complaint to the County to ensure the county is aware\nthat once an election is ordered, it can only be canceled if statutory authority allows it to be.\nSpecifically, Texas Election Code \u00a7 2.082 provides that an authority of a political subdivision that\norders an election may cancel the election only if the power to cancel the election is specifically\nprovided by statute.\n\fCase 4:25-cv-01202-O Document 11-5 Filed 10/30/25 Page 2 of 2 PageID 465\n\nPage 2\n\n\nIn the case of a proposed municipal incorporation, there is no statute granting a county judge \u2014\nor any other local authority \u2014 the unilateral power to cancel the election once it has been\nformally ordered and placed on the ballot except if the election on the measure is declared moot\nunder Texas Election Code \u00a7 2.081.\n\nFurthermore, to the extent there is a dispute concerning the legality or procedural validity of the\nincorporation process after the election has been ordered, the proper venue for resolving such\nmatters is through a district court \u2014 not through executive action by a county judge or any other\nadministrative official. Only a court of competent jurisdiction may issue an order enjoining or\ncancelling an election under appropriate legal standards and after due process.\n\nTherefore, any action that seeks to invalidate or cancel a scheduled incorporation election \u2014\nabsent express statutory authority or a court order \u2014 would be inconsistent with the Texas\nElection Code and may raise concerns under both election law and the principles of due process.\n\nIf you have additional information that was not included in your complaint that demonstrates\nthat criminal conduct may have occurred, please send it to us for further review.\nIf you have any further questions, please do not hesitate to contact the Elections Division toll-\nfree at 1-800-252-(VOTE) 8683.\n\nSincerely,\n\n\n\n\nChristina Adkins\nDirector of Elections\n\n\nCA:BH\n\ncc: HOOD COUNTY\n Elections Administrator\n Stephanie Cooper\n 1410 W. Pearl Street\n Granbury, Texas 76048\n scooper@hoodcounty.texas.gov\n\f","ocr_status":1,"date_upload":"2025-10-30T15:09:28.099989-07:00","document_number":"11","attachment_number":5,"pacer_doc_id":"177018110449","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":2,"description":"Exhibit(s) 5","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/457269293/","id":457269293,"tags":[],"absolute_url":"/docket/71772101/11/6/mara-holdings-inc-v-hood-county-texas/","date_created":"2025-10-30T15:07:46.923724-07:00","date_modified":"2025-11-01T06:13:19.490446-07:00","sha1":"c134296046ebab644940e4b1e2df9e6f2b59d39a","page_count":4,"file_size":780106,"filepath_local":"recap/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.6.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.410981/gov.uscourts.txnd.410981.11.6.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 4:25-cv-01202-O Documenti11-6 Filed 10/30/25 Pagelof4 PagelD 466\n\nAugust 12, 2025\n\nHon. RON MASSINGILL\nCounty Judge\n\nHood County Courthouse\n100 East Pearl St\nGranbury TX, 76048\n\nRE: Application for the Incorporation of Mitchell Bend, Texas\n\nDear Judge Massingill,\n\nAttached is an application for the incorporation of Mitchell Bend, Texas as a Type\nB general law municipality. The application consists of a petition of more than 50\nqualified voters of the proposed city, a legal description of the proposed city, an\napplication satisfying the legal requirements for requesting an election on the question of\nincorporation and a proposed order for your consideration.\n\nSincerely,\nDaniel S. Lakey _...\n1 _\n( | \\ At rN\nJ eae - 5\n\no ene\n\nRepresentative for Committee to Incorporate\nMitchell Bend\n\fCase 4:25-cv-01202-O Documenti11-6 Filed 10/30/25 Page2of4 PagelD 467\n\nTHE STATE OF TEXAS = \u00a7\n\n\u00a7\nCOUNTY OF HOOD \u00a7\n\nAPPLICATION FOR ELECTION ON THE INCORPORATION OF\nTHE CITY OF MITCHELL BEND, TEXAS\nas a Type B General-Law Municipality\n\nTO THE HONORABLE RON MASSINGILL, COUNTY JUDGE OF HOOD\nCOUNTY:\n\nThe undersigned residents of the unincorporated community of Mitchell Bend,\nTexas, citizens of Hood County, Texas, all residents of the area hereinafter described, and\nall qualified voters under \u00a711.002 of the Texas Election Code, desire that Mitchell Bend\nCity be incorporated into a Type-B municipality, and pray that an election be ordered on\nthe question of the incorporation of the proposed City of Mitchell Bend, as provided in\nChapter 8 of the Local Government Code and any other applicable Statues of the State of\nTexas.\n\nEach of the undersigned is a person who has attained the age of eighteen (18)\nyears and who has resided within the area to be incorporated for more than thirty (30)\ndays next preceding the date of this application and is a qualified voter under the laws of\nthis state.\n\nPursuant to Tex. Local Gov\u2019t Code \u00a78.002, the undersigned constitute greater\nthan 50 of the qualified voters of the proposed area for incorporation.\n\nThe boundaries and plat of the proposed City of Constitution City, when\nincorporated is attached to this Application and incorporated herein for all purposes and\nincludes therein no territory except that which is intended to be used strictly for city\n\npurposes (See attached Exhibit B, Boundaries of Proposed City and Exhibit C, Legal\n\nPage 1 of 2\n\fCase 4:25-cv-01202-O Documenti11-6 Filed 10/30/25 Page3of4 PagelD 468\n\nDescription of Proposed City). Said territory to be incorporated contains approximately\n1.97 square miles, therefore satisfying the territorial requirements of Tex. Local Gov\u2019t\nCode \u00a75.901. The proposed city has, at this time, more than 201 inhabitants, thereby\nsatisfying the population requirement of Tex. Local Gov\u2019t Code \u00a77.001.\n\nThe name, by which the town will be known when incorporated, will be the City\nof Mitchell Bend, Texas.\n\nWHEREFORE, PREMISES CONSIDERED, the undersigned hereby apply for\n\nthe incorporation of the City of Constitution City, Texas, this 12th day of August, 2025.\n\nRespectfully submitted,\n\nDaniel S. Lakey\n\non AL ey\n\nRepresentative of the cont ittee to Incorporate\nConstitution City\n\nPage 2 of 2\n\fCase 4:25-cv-01202-O Documenti11-6 Filed 10/30/25 Page4of4 PagelD 469\n\nProposed Ballot Lanquage for Constitution City Incorporation Election\n\nPROPOSITION\nIncorporation of the \"City of Mitchell Bend\" as a Type B, General Law\n\nMunicipality.\n\n(PROPOSICION)\n(Incorporacion de la \"Ciudad de Mitchel! 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(Filing fee $405; Receipt number ATXNDC-15940923) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Index to Exhibits, # 2 Exhibit(s) 1-29, # 3 Cover Sheet, # 4 Notice of Related Cases, # 5 Certificate of Interested Parties, # 6 Emergency Application for TRO & Preliminary Injunction, # 7 Memorandum in Support of TRO, # 8 Proposed Order) (Thackston, Robert) (Entered: 10/27/2025)","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=71772101&page_size=40"}