Received Seo 12010 11:43am 09/01/2018 11:34 214-361-8787 FEDEX OFFICE @178 PAGE 81 DORIGINAL CAUSE NO. 06-04868-H CITY OF DALLA}, § IN THE DISTRICT COURT Plaintiff, § § and § § TEXAS HISTOR)\°AL COMMISSION, § Plaintiff-Intervenor, § 160th JUDICIAL DISTRICT § - § § TCI WEST END, NC., and WEIR: § INDUSTRIES, INC. § Defendants. § DALLAS COUNTY, TEXAS CONSOLIDATED WITH. NO. 08-12373 DORBET, INC. § IN THE DISTRICT COURT Plaintiff, § § TR ve § 44° JUDICIAL DISTRICT § CITY OF DALLA!. § Dejendant. § DALLAS COUNTY, TEXAS LADIES AND GEN “LEMEN OF THE JURY. This case is st bmitted to you by asking questions about the facts, which you must decide from the evidence yo't have heard in this trial. You are the sole judges of the credibility of the witnesses and tbe weig ht to be given their testimony, but in matters of law, you must be governed by the instructions ia this charge. In discharging your responsibility on this jury, you will observe all the instructions which ha 'e previously been given you. I shall now give you additional instructions which you should caic fully and strictly follow during your deliberations 1, Do not let > as, prejudice or sympathy play any part in your deliberations. 2. In arriving «t your answers, consider only the evidence introduced here under oath and such exhibits, if any, #3 bave been introduced for your consideration under the rulings of the court, that is, what you hav seen and heard in this courtroom, together with the law as given you by the PAGEReceived Seo 1 2010 11:43am e9/e1/2018 11:34 214-361-8787 FEDEX OFFICE 0178 PAGE a2 court, In your delibers tions, you will not consider or discuss anything that is not represented by the evidence in this case 3. Since every answer that is required by the charge is important, no juror should state or consider that any req ired answer is not important. 4. You must ict decide who you think should win, and then try to answer the questions accordingly. Simply 2 aswer the questions, and do not discuss nor concem yourselves with the effect. of your answers, 5. You will nc t decide the answer to a question by lot or by drawing straws, or by any other method of chance, Dc not return a quotient verdict. A quotient verdict means that the jurors agree to abide by the result to se reached by adding together each juror’s figutes and dividing by the number of jurors to get an aw age. Do not do any trading on your answers; that is, one juror should not agree to answer a certain © estion one way if others will agree to answer another question another way. 6. Unless oth srwise instructed, you may answer a question upon the vote of ten or more jurors. Ifyou answer more than one question upon the vote of ten or more jurors, the same group of at least ten of you mt st agree upon the answers to each of those questions. 7. These inst uctions are given to you because your conduct is subject to review the same as that of the witnesses, rarties, attomeys and the judge. Ifit should be found that you have disregarded any of these instructions, it will be jury misconduct and it may require another tial by another jury; then all of our time v ill have been wasted. 8. The presi ng juror or any other who observes a violation of the court's instructions shall immediately warn th ; one who is violating the same and caution the juror not to do so again. 9. When words are used in this charge in a sense that varies from the meaning commonly ‘understood, you are | iven a proper legal definition, which you are bound to accept in place of any other meaning 10, Answer ' Yes” or “No” to all questions unless otherwise instructed. A “Ves” answer inust be based on a 5 reponderance of the evidence unless you are otherwise instructed. If you do not find that a prepo iderance of the evidence supports a “Yes” answer, then answer “No.” The term “preponderanc¢ of the evidence” means the greater weight of credible evidence admitted in this case. A preponi :rance of the evidence is not measured by the number of witnesses or by the number of documen s admitted in evidence. For a fact to be proved by a preponderance of the evidence, you must /ind that the fact is more likely true than not truc. Whenever a question requires an answer cher than “Yes” or “No,” your answer must be based on a preponderance of the evidence unless ‘ou are otherwise instructed. 11. A fact ray be established by direct evidence or by circumstantial evidence or both. A fact is established i direct evidence when proved by documentary evidence or by witnesses who saw the act done 0: seard the words spoken. A fact is established by circumstantial evidence ace?Received Seo 12010 11:44am 9/e1/2010 11:34 214-361-8787 FEDEX OFFICE 178 PAGE a3 when it may be fairly and reasonably inferred from other facts proved. ‘You are heret y instructed that the MKT Freight Station was a historic structure. Tua suit agsia st the owner or the owner’s representative with control over the premises, the City of Dallas may r cover a civil penalty if it proves thet: (1) the property owner was actually notified of the ordina ace, and (2) after the property owner received notice of the violations of the ordinance, the proper y owner committed acts in violation of the ordinance or failed to take action necessary for compli nce with the ordinance. A civil penalty may not exceed $1,000 a day for a violation of an odin: nce. City or Dallas, refers to the Plaimtiff, City of Dallas. Commission or TH refers to the Plaintiff Texas Historical Commission. ‘TCl refers to Defend uit, TCI West End, Inc. JURY QUESTIONS Question Ni Did’ 2Ilbave the appropriate permit(s) or other forms of written permission from the City authorizing the temolition of the MKT Freight Station at the time of the demolition? “Yes” or “No” Answer: NM) Question Ni ‘What do you ‘ind is the replacement value of the MKT Freight Station, measured by the cost of constructing, vsi 7 as many of the original materials as possible, a new structure or building that is a reasonable faci aile of the MKT Freight Station? Answer in dollars uses to which the property is reasonably adaptable and for which it either is, or in all reasonable j» obability will become, available within the reasonable future. Answer in do lars and cents, if any. Answer. $_' 900,000, 0Q Question No. To answer ‘"} es” to the following question, your answer must be unanimous. You may answer “No” to the tc lowing question only upon a vote of ten or more jurors. Otherwise, you must not answer the follov ing question. Do you find ty clear and convincing evidence that TCI obtained the demolition permit or other approval by the City to demolish the Property through fraud? “Clear and c wincing evidence” means the measure or degree of proof that produces a firm belief or conviction « f the truth of the allegations sought to be established. “Fraud” occ's when a party makes a material misrepresentation, the misrepresentation is made with knowleds of its falsity or made recklessly without any knowledge of the truth and as a positive assertion, tix misrepresentation is made with the intention thet it should be acted on by the other party, and the «ther party relies on the misrepresentation and thereby suffers injury. “Misrepresentatis n” is either a false statement of fact, a statement of opinion based on a false statement of fact, or .. statement of opinion that the maker knows to be false. Answer “Yes” or “Ny” Answer: Yes a. Question No. 5: Answer the f llowing question only if you unanimously answered “Yes” to Question 4. Otherwise, do not an wer the following question, ‘You must wn wimously agree on the amount of any award of exemplary damages. Paces