LEGAL PROCEEDINGS
−Removed: We had been engaged in litigation with David Clapper and entities related to Mr.
−Removed: Clapper (collectively, “Clapper") since 1999.
−Removed: The matter originally involved a transaction in 1998 in which we were to acquire eight multifamily properties from the Clapper.
−Removed: Through the years, several rulings, both for and against us, were issued with a range of settlement from zero to $148.0 million .
−Removed: On October 31, 2024, we executed a Settlement Agreement and General Release (the “Settlement Agreement”) and paid $23.4 million to resolve all claims.
−Removed: On November 8, 2024, the court dismissed the case with prejudice.
−Removed: We are defendants in litigation related to a property sale ("Nixdorf") that was completed in 2008, which was tried to a jury in March 2023.
+Added: We are defendants in litigation related to a property sale that was completed in 2008, which was tried to a jury in March 2023.
On March 18, 2023, the jury in the case returned a “Plaintiff take nothing” verdict in our favor.
−Removed: On January 7, 2025, the Fifth District Court of Appeals at Dallas reversed the trial court's judgement and remanded the case to the trial court.
−Removed: We intend to challenge the ruling by writ of mandamus.
+Added: The trial court granted the Plaintiffs a new trial, and we challenged that order by mandamus.
+Added: On January 14, 2026, the Dallas Court of Appeals granted our petition and ordered the trial court to (1) vacate its new-trial order and (2) enter judgment in our favor on the jury’s verdict.
+Added: We have tendered the proposed order and judgment and await their entry by the trial court.
MINE SAFETY DISCLOSURES
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.