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October 30, 2008

To the Heirs of Ballí Spanish Land Grants
Letter to Public Servant (Replies)

The replies below have been received as a result of the letter:

Dear Mr. Balli,

Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records. If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help with Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible. If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services for Texans" section for more information.

Warmest Regards,
U.S. Senator John Cornyn

Dear Balli Family Organization:

This will acknowledge receipt of your email correspondence dated October 26, 2008.

The opinion in cause number 13-03-258-CV styled Sylvia Menchaca Balli Aguillera, v. The John G. and Marie Stella Kenedy Memorial Foundation was delivered by our court on March 24, 2005.  A petition for review filed with the Texas Supreme Court was denied on September 2, 2005.  Accordingly, the decision in the case is final and no further review is possible.


I want to assure you that our court carefully considered the issues raised on appeal and made the decision based on the facts and circumstances presented to the trial court. At the appellate court, in a summary judgment proceeding, we are limited to the record that was before the trial court. We reviewed the record and made our decision within the confines of the law.


As a judge, I am bound by the Code of Judicial Conduct and must remain neutral and impartial in all cases that come before the court.  Therefore, I cannot respond "with the type of support that [I am] willing to give."  I can only say that any other cases that may come before the court will also be reviewed carefully and decided according to the law.

Thank you.
Justice Dori Contreras Garza

The following individuals have not yet replied:
Senator John McCain Senator Eddie Lucio
Senator Barack Obama Judge Rogelio Valdez
Senator Kay Hutchison Judge Linda Yañez
Senator Juan Hinojosa Judge Nelda Rodriguez
If there is someone we missed please let us know so we can send them a letter. We will post the outcome of their replies as soon as they are available.

Fred B. Balli