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By MARK GLOVER
Marathon News Leader
ALPINE
– With discovery done and mediation failed, District Judge Kenneth DeHart has
heard final arguments from both sides of the ongoing dispute between Property
Owners Association of Terlingua Ranch, Inc., and Marion Craig Suber, one of
several Terlingua Ranch property owners who have sued their association to
gain exclusive easement rights to their land.
The
POATRI contends it shares easement rights with property owners to all parcels
on the ranch.
The
association by-laws state that no gates and especially no locked gates are
allowed.
Suber
is accused of chain-locking three gates on his property, making it “impossible
for vehicular traffic to pass,” the suit alleges.
“My
client is an advocate of private property rights,” Suber’s attorney Rod Ponton
said.
“For
years there has been tension between POATRI and owners whether the roads were
public or private,” Ponton said. “The question is, do owners have the right
to keep people off their land like any other land owner can.”
“The
way POATRI has it set-up, people can drive anywhere, anytime and sightsee,
like a park,” 13-year Terlingua Ranch resident Kassandra Mead said. “We just
want to own our land like anybody else.”
Many
of the roads serve as long driveways as very few parcels have direct access
to public roads, essentially making most of the land land-locked.
A
temporary restraining order against Suber to keep the gates open has expired.
Now
the judge must decide the future of the case.
Terlingua
Ranch is a 300,000 acre sub-division with 1,100 miles of unpaved road and
more than 4,900 individual tract owners, most of whom do not live there.
It
started as a land development scheme in the late 1960s by a company known as
the Terlingua Ranch Land and Cattle Company, led by Carroll Shelby and the
one-time disbarred lawyer David A. Witts.
The
Terlingua Chili Cook-Off was part of the marketing plan to develop interest
in the area.
In
the early 1970s Shelby and company sold the enterprise to Great Western Corporation,
which in turn transferred the assets, including easements, to the present
developer, Terramar Corp., in 1976.
Whether
the transferred easement was an assignment or a license is “the critical
element in this case,” DeHart said.
Today
the largest land owner at Terlingua Ranch is the Brewster County Oil Company,
which not only is prospecting for petroleum but is operating one of two Bentonite
mines on the ranch.
The
company operates under several names and has its headquarters in Brenham.
Victory
for Suber would mean that Terlingua Ranch owners would have the right to gate
their properties but not block egress or ingress to their neighbors.
A Suber victory might also require POATRI to
give up some land.
Sul Ross honors Rodriguez
ALPINE
-- US Rep. Ciro Rodriguez drew high praise for his service to higher
education and regional interests during a visit to Sul Ross State University
here last week.
Rodriguez,
who serves the 23rd Texas Congressional District, was feted at a breakfast
reception hosted by Sul Ross.
President
R. Vic Morgan and Dr. Charles R. Matthews, Chancellor of the Texas State
University System, presented Rodriguez with a framed aerial photograph of the
Sul Ross campus.
Rodriguez
was in the midst of a week-long tour of his 20-county district.
Matthews
commended Rodriguez for his ability to work with his colleagues and for his
efforts in passing some landmark legislation for Texas.
“In
my experience, I have never seen a Congressman who has become so well-liked
in such a short time,” he said. “Your relationship with your colleagues is outstanding.”
Matthews
cited Rodriguez’s previous work as a Texas state legislator, drafting the
Texas law guaranteeing acceptance of the top 10 percent of high school
graduates to any public four-year institution in the state.
He
also noted Rodriguez’s development of the dual credit program, allowing high
school graduates to earn college credit for advanced courses.
“Among
all of the studies that have been done shows that [dual credit] program is
the most effective way to get high school students to make a smooth
transition into college,” Matthews said.
Morgan
noted Rodriguez’s support in obtaining and renewing grants.
He
mentioned the US Department of Agriculture grant to conduct research of
freshwater resources in the Rio Grande Watershed.
The
research is conducted through the Rio Grande Research Center at Sul Ross with
collaboration from researchers from four other universities within the Texas
State University System.
He
also cited a System-wide Department of Defense grant and a recent Title V
award to aid retention.
“He
has worked very hard and is truly a staunch supporter of programs that help
Sul Ross, help Alpine and Brewster County and help the region,” Morgan said.
Rodriguez,
who briefly dropped out of high school, reiterated his passion for education.
He
said a strong relationship with Mexico was essential to the well-being of
Texas and the nation.
“Our
security means that Mexico and Canada are secure,” Rodriguez said.
He
said Mexico is Texas’ number-one trading partner.
He
stressed four priorities in his Congressional service, education including increase
in technical professionals, affordable health care, repairing the
infrastructure including roads and bridges and an emphasis on military readiness.
“Right
now, we have less than one-third of the equipment necessary to defend this
country,” he said.
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“Owners
in the past who have lost their land due to liens filed by POATRI because of
easement disputes might be in position to reclaim their land,” Ponton said.
In
another development, Jerry Patterson, director of the Texas General Land
Office, has discussed the possibility of allowing POATRI to manage Christmas
Mountain.
“They
would keep poachers and other trespassers off the mountain,” GLO spokesman
Jim Suydam said.
A draft agreement between the GLO and POATRI
has been distributed to the public but whether easement is an issue to gain
access to the mountain from the Terlingua Ranch side remains cloudy until the
Suber case is resolved.
Rains squelch drought
MARATHON – After a
year-long drought, rain that have been heavy at times have swept through the
area and Marathon was not exempt.
As
much as three inches fell over the weekend here, at times lighting up the
skies with lightning.
New
Marathon resident and Kindergarten teacher Deborah Raatz was in the process
of moving into her house on Ave F near Top Street.
“I
had some boxes in the yard and they washed away,” she said. “I found some of
them the next morning,”
The
Gage Hotel kitchen washed-out and was closed Saturday night and Sunday.
Storms
hit on Saturday and again on Sunday.
“They
were good ones,” Patrick Picasso said.
If
anyone finds some stray boxes please contact Raatz at the Elementary School.
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MISD names new teachers
MARATHON
– There are a few changes at Marathon ISD this year.
New
staff members include Deborah Raatz who will teach pre-K and kindergarten.
She
previously taught in Sanderson, Fort Worth and San Vicente.
Ritanitra
Woods will teach Physical Education, Joe Valenzuela will be the new golf
instruction and science teacher at the high school and Carley Lethco will be
in charge of teaching science and math to junior high Colts.
Lethco
previously taught in Canutillo, Alpine Balmorhea, Van Horn and at Sul Ross
State University.
Bertha
Arriola will be in charge of news and information.
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Endowment will provide
student aid
ALPINE
– A $160,000 endowment will provide scholarships for Agricultural
and Natural Resource Sciences majors at Sul Ross State University.
Peggy
Landis Matli of Fredericksburg, her nephew Heath Landis of New Braunfels and
Sul Ross President R. Vic Morgan recently signed documents establishing the
Gilbert A. and Laura P. Schmidt Agricultural and Natural Resource Sciences Endowment
and Scholarship Fund.
The
Schmidts were long-time ranchers in Blanco, Kimble and Gillespie counties.
Peggy Matli, a niece, and Landis, a great-nephew, are both Sul Ross
graduates.
Scholarship
applicants must be Agricultural and Natural Resource Sciences majors with
preference given to graduates of Blanco, Kimble or Gillespie County high
schools.
Continuing
students must be full-time students in good disciplinary standing.
Beginning
freshmen must be fully admitted to Sul Ross. Returning students must be making
normal progress toward a degree with a per semester grade point average of
2.75 or higher.
Scholarship
selections will be recommended to the University Scholarship Committee by the
Department of Agricultural and Natural Resource Sciences Scholarship Committee.
“My
aunt Laura did not choose to go to college, but always said this was the
place she would choose to go to school,” Matli said. “Going to Sul Ross was a
given in our family, and this [scholarship endowment] is the right place to
honor Laura and Gilbert.”
Matli’s
brother, Jack Landis, also attended Sul Ross. Peggy Landis Matli later worked
as an administrative assistant for Bob Posey, vice president of Student
Affairs, then was a teacher and counselor at Alpine High School for 19 years.
She
later moved to Fredericksburg, working as an assistant principal in the Fredericksburg
Independent School District, retiring in 2008 after a 35-year education
career.
Heath
Landis graduated from Sul Ross in 1998 and has been a pharmaceutical representative
in animal health for the past 10 years.
“I
enrolled in the veterinary tech program,” he said. “I was going to spend two
years here and then go elsewhere. After two years, you couldn’t drag me away
from Sul Ross.”
“Heath’s
career has been exactly what he went to Sul Ross to study,” his aunt said.
“You can go to Sul Ross and get a great education, but more importantly, you
can walk out the door, get a really good job and do well.”
“Sul
Ross gives you people skills and confidence,” Matli said. “For us, it was a
good foundation for getting out and dealing with people.”
“Sul
Ross has long been recognized for providing solid career preparation for its
students,” Morgan said. “We are grateful to the Schmidt and Landis families
for their acknowledgment of our mission and their generosity in providing
opportunities for present and future students.”
Sul
Ross endowments now approach $13 million with 214 separate endowments.
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Christmas
Mountain already has access and easement from the south through the Big Bend
National Park.
DeHart,
who “will take the matter under advisement,” will likely rule on the case in
the next 60 days.
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Mustangs get first
scrimmage
By KIM RAPP
News Leader Production Manager
MARATHON
– The Marathon Mustangs, which will field a football team this year, faced
Valentine in its first scrimmage last week.
The
team will play junior varsity teams this year instead of trying to compete
with larger schools’ varsity teams.
Valentine
took the field with five players and a coach.
Devin
Kolesar, who graduated from MHS last year, traded his helmet and pads for a
whistle and played referee.
Coach
Gene Peña will be joined this year by assistant coaches Will Cazares and Richard
Madrid.
Though
he was not at last week’s scrimmage, “Marshal Duncan will also play,” Peña
said.
With
Colton Johnson throwing the pigskin, the boys looked good. They ran plays in
the heat and it became clear to the players why they ran so much in practice.
The
Mustangs kicked off the season Sunday with Midnight Madness, the first chance
for hometown fans to see the team in full pads.
“We
had a good little group turn out, mostly parents,” Peña said.
Peña
said he expects the team to have some new speed this year.
The
coaching staff is concentrating on conditioning to get the seven boys in
shape.
“With
only one extra player, they don’t get the breaks some of the other teams do,”
he said.
They
intend to get the boys ready for all year, for all sports, including
football.
One
thing new this year is the use of videotape of the game, “which can be very
helpful,” Pena said.
Teacher
Andrea Johnson will be behind the lens, enjoying watching son Colton play quarterback.
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Beef Cattle Marketing
Update
MARFA
– The Texas Agri-Life Extension office in Brewster, Jeff Davis and Presidio
Counties is holding a meeting for local ranchers and livestock producers here
next week.
Registration
for the meeting will begin at 9 a.m. Wednesday, Aug. 27, at the Marfa National
Bank Conference Room.
The
program will begin at 9:30 and end at noon. Marfa National bank will sponsor
refreshments at the break.
Topic
will include an update on the current beef marketing situation, country of origin
labeling update, calculating relative of cost of feedlot vs. grassfed gain
and how much does an open cow cost a producer?
Speakers
include District 6 Extension Agriculture Economist Rob Hogan and Extension
Livestock Specialist Bruce Carpenter.
There
will be no charge for the meeting and those needing Continuing Education
Units for their private applicator license will be able to pick up three
hours.
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Friends of
Marathon Library News
By Arlene Griffis
Library Friend
For
the past ten weeks or so, I have been featuring the authors who were scheduled
to appear at the Way Out West Book Festival August 8 and 9.
The
event was a rousing success and loads of fun but it is good to return to writing
a book review column again.
The
first book I would like to recommend is “The Night Journal” by Elizabeth Crook.
Crook’s
genre is historical fiction but whenever I read her books, I have to
constantly remind myself that I am reading fiction, which to me is a tribute
to her writing skills.
“The
Night Journal” is the captivating tale of a young woman’s discovery about her
family’s secret past.
The
book’s main character, Meg Mabry, has spent her life showing her indifference
to the family legacy which her grandmother has brought forth by publishing
the journals of her own mother, detailing her life as a Harvey Girl at the
posh Montezuma Resort in New Mexico and her subsequent marriage to the
brilliant railroad engineer Elliot Bass.
Mabry’s
grandmother, Claudia Bass, is a legend in her own time for editing and publishing
this fascinating and significant historical document chronicling life in the
American southwest in the 1890s and early 1900s.
Meg,
who feels somewhat smothered by the family lore and overshadowed by her cantankerous,
but revered grandmother, has refused to read even one page of the
journals.
When
an excavation on the old Bass property beckons Claudia Bass to return to the
fabled land of her ancestors, Meg reluctantly agrees to accompany her,
plunging herself headlong into the mysterious events which have enveloped her
family for generations.
As
inconsistencies in the journals begin to be apparent, Meg realizes that as so
often happens, things are not what they seem.
Even
though she has vowed never to show any interest in the family’ history, her
natural inquisitive nature takes over as some shocking truths are revealed.
As
much as I enjoy a good story, I also relish sampling various styles of
writing and I am in awe when I feel that a writer has really “raised the bar”
as I feel that Crook has done in “The Night Journals.”
The
most amazing thing about this novel is that it is virtually a book within a
book.
Not
only has the author managed to engage the reader in Meg’s personal journey,
but has fabricated this fascinating fictitious journal upon which the entire
present-day theme is based.
Although
the journal is the product of Crook’s imagination, much of it is based upon
actual historical events so I am amazed at the amount of research that went
into the creation of this brilliant novel.
“The
Night Journal” is the winner of the 2007 Spur Award for best long novel and
of the 2007 Willa Award for historical fiction.
Other
novels by Elizabeth Crook include “The Raven’s Bride” and “Promised Lands,”
both of which are also excellent reads.
The
other book to be reviewed this week is “Bandits Along the Border,” which is
the first published effort of Marathon’s very own, recently-retired Brewster
County Deputy Sheriff James Graham.
Although
touted as fiction, much of this work is semi-autobiographical, based on
James’s early life and his career as a peace officer.
First
of all, let me say how much I admire James for writing this tale. For years I
have dreamed and talked about writing a book, but so far it has only been
that – dreaming and talking.
James,
however, just simply wanted to write a book and did it. He was fortunate
enough to get it published on his first attempt and the rest is history.
“Bandits”
is the story of a modern-day hero with Old West ethics and principles. (Know
any guys like that around here?)
The
setting is in a Texas border region, which will seem familiar to readers in
the Big Bend area.
That
is part of what makes this a fun read. Residents of Marathon, Alpine, Marfa,
Presidio, etc., will feel as if they are reading about events happening just
down the road or maybe even on their own property.
“Bandits
Along the Border” is part history, part adventure, part mystery/suspense and
part love story.
In
other words, there is something in it that everyone will like.
At
107 pages, this is a book which might appeal to those who don’t want to get
caught up in a long and complicated work such as “The Night Journal.”
Another
plus regarding the novel is that I would give it a PG rating. Therefore, I
have no reservations about recommending it to younger readers or to teachers
who have students who might be interested in reading sort of a modern-day
western.
Finally,
I cannot conclude a review of this novel without calling attention to its
unique cover, which features the original artwork of Scott Boyd, James
Graham’s nephew and son of Don and Jackie Boyd of Marathon.
Kudos
to both James and Scott for their first collaborative effort.
Happy
Reading.
Arlene
Griffis is a volunteer at Marathon Public Library, which is a branch of
Alpine Public Library.
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