Preemption of Opposing Counsel
By Mitchell Vexler, February 11, 2026
On January 30, 2026, the Supreme Court of Texas (SCOTX) requested a response from opposing counsel representing DCAD (Denton CAD). MAVEX will be responding to the response from opposing counsel. We expect that opposing counsel will put forth the same nonsense to prohibit adjudication of the fraud being perpetrated against every real estate owner and every citizen in Denton County.
Perhaps the SCOTX now sees the Constitutional Issue brought forth which outlines:
- There is no redress in the case of fraud committed against a property (residential, land, or commercial) and its owner, by a taxing authority created under the appraisal review statute to show how the fraud has been created and manipulated to obtain resolution.
- Appraisal process disallows investigation of fraud in the process which negates the very existence of Uniform Standards of Professional Appraisal Practice.
- The statue, as unilaterally interpreted and exercised, prevents the discovery of fraud.
- There is no due process, as unilaterally interpreted and exercised, of structured review.
- Constitutional Question: Can the Legislature or lower courts constitutionally bar judicial review of systemic fraud claims by confining them to an administrative scheme that lacks discovery, subpoena power, or fraud-adjudication authority?
- Why Should the Supreme Court of Texas Care: This is a classic “open courts” problem—if ARBs are the exclusive forum and the Chief Appraiser is allowed to commit fraud wherein Ultra Vires is not enforceable (as claimed by opposing counsel), then property owners have no meaningful remedy for fraud. That is exactly the type of constitutional anomaly the Supreme Court of Texas exists to resolve.
As I have stated in writing and on video many times, either the law exists or it doesn’t.
No Constitutional Entity can allow fraud to escape.
Here is the most important question for opposing counsel representing the CAD, its employees, and counsel itself, as an officer of the court:
If you don’t’ intend to allow the resolution and discovery by every Texan with regard to the property tax fraud and related school district bond fraud being committed upon them, why is that?
This question is applicable across the U.S. in all counties (all appraisal districts) claiming to adhere to USPAP where the evidence proves the opposite.
No government (State or Federal) in the history of the planet can outrun the Rule of 72.
No government (State or Federal) can outrun the reverse amortization that they created.
Please see:
The Importance of the Vexler Case to Texas & The United States
















