Benson’s Lawyers Argue “Abuse of Discretion”

In the brief filed with a Texas appeals court last week, Tom Benson’s lawyers argued the San Antonio judge’s decision to temporarily remove the Saints and Pelicans owner as manager of his family’s assets and appoint two receivers to take over was an “abuse of discretion.”  The filing further states, “The court’s announcement was made without notice that the trial court was considering such a drastic remedy; without argument, briefing, or the presentation of evidence on that issue; and without reference to the principles of law governing such an action.  The parties have been dealing with the fallout of that sudden announcement ever since.” 

County Probate Judge Tom Rickhoff’s decision to appoint former San Antonio mayor Phil Hardberger and estate lawyer Art Bayern as receivers “constitutes an abuse of discretion for three reasons.”  First, the ruling failed to require evidence of an irreparable harm; second, Renee’s Benson’s claims indicated minor and easily remedied oversights; and finally, the judge’s expansive temporary restraining order prevented Benson from taking any actions related to the trust he has administered for almost 35 years. 

Renee Benson’s legal team will file their reply later this month.

See Katherine Sayre, Saints Owner Tom Benson’s Lawyers: Texas Judge’s Decisions are ‘Abuse of Discretion’, The Times Picayune, March 10, 2015.