The complaint, filed by real estate broker Loree Misch, centered on forms completed between 2018 and 2020 by Adler and his wife Diane Land regarding a property at 4315 Dunning Lane that was originally filed under the ownership of an LLC that did not didn’t exist. The correct entity, Dunning Lot 3, was later filed as the owner, but the misidentified name Dunning Lot 5 remained in some state and Travis County records over the following years and was also reflected on a 2020 disclosure form.
Misch cited a city ordinance relating to the veracity of signed disclosures on official city documents as the basis of his complaint, noting that Adler’s history as a real estate attorney made continued references to an LLC suspect. non-existent.
The commission voted eight to one not to go ahead with a final hearing, with Commissioner Nguyen Stanton voting against and Commissioner Raafia Lari abstaining.
“I don’t understand why they kept disclosing Dunning Lot 5 for as long as they did, and never really disclosing Dunning Lot 3 LLC…all I know is that it doesn’t seem like the disclosures were correct,” Misch said. “I’m an affordable housing and homelessness advocate and I heard that Mayor Adler has a lot of conflicts of interest in real estate, so I thought, OK, let’s look at the assessment district ( Travis Central) and see what holdings he might have. It was the first one that popped up and I thought, something is wrong here.
Representing Adler, attorney Andrew Cates argued that the two-year statute of limitations for complaints meant only a 2020 form was eligible for review, and attributed the misidentification to an initial typo which remained in the real estate records but was explained in the memo sections of disclosure forms.
“What we know in terms of what has been disclosed is that Ms. Land and, by extension, Mayor Adler reported on a specific and very convoluted series of events…they reported to the best of their abilities. capabilities based on what the title company wrote, what special guarantee deed had been listed and did their best to ensure that throughout these financial statements as much detail was provided as they could explain,” Cates said. “They have done their best to report that the property exists, the LLC has sold it and they no longer have control of it.”
Some of the commissioners argued that the order cited by Misch as the basis of his complaint does not allow for a provable violation because of the language regarding the affiant’s belief that what he was disclosing was accurate and truthful. Prior to the vote, there was discussion about Misch’s ability to file a new complaint in reference to a different order.
“All the evidence is that a typo happened and nothing real was withheld from the public,” Commissioner Michael Lovins said.
“Why are we going through all of this for a typo when there is absolutely nothing to indicate that anyone hid any property or company or anything of significance?” he said. “If there was anything in front of us that said in that typo that there’s reason to think there’s a major asset that the mayor was hiding that had an impact in some way or another. another on his duties as mayor, then that’s a whole different matter, but that’s not the evidence we heard tonight.