CITY OF DALLAS,Plaintiff,

v.

CCC&R TRES ARBOLES, L.L.C.Defendant. DALLAS COUNTY. TEXAS

cause." [\-.t'Li 0:$$$$$$$$

CITY'S ORIGINAL PETITION, REQUEST FOR TEMPORARY ANDPERMANENT TNJIINCTTONS, MOTION TO APPOTNT RECETVER,

REQT]EST FOR DISCLOSURB, AND REQIIEST FOR EXPEDITED TRIAL SETTING

TO TI{E HONORABLE JUDGE OF SAID COURT:

The City of Dallas ("City"; files this its Original Petition, Request for Temporary and

Permanent Injunctions, Motion to Appoint Receiver, Request for Disclosure, and Request for

Expedited Trial Setting ("Petition") against CCC&R Tres Arboles, L.L.C. ("Tres Arboles") and

in support of which would respectfully show the Court as follows:

r. DrscovERy coNTRoL PLAN AND REQUEST FOR DISCLOSURE

1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of

Civil Procedure.

2. The City hereby requests that Tres Arboles disclose, within fifty (50) days of service of

this request, the information or material described in Rule 194.2 of the Texas Rules of Civil

Procedure.

II. PARTIES

3. The City is a home rule municipal corporation mainly situated in Dallas County, Texas,

incorporated and operating under the laws of the State of Texas.

4. Tres Arboles, is a limited liability corporation doing business in and owning real property

City's Original Petition, Request for Temporary and Permanent Injunctions, Motion to Appoint Receiver, Requestfor Disclosure, and Request for Expedited Trial SettingCitv of Dallas v. CCC&R Tres Arboles, L.L.C.

Page I of6

in the City of Dallas, Dallas County, Texas and may be served with citation through its registered

agent, Gregory B. Fell at3021E. Renner Road, Suite 140, Richardson, Texas 75082'

III. VENUE AI\D JURISDICTION

5. This Court has jurisdiction and is a proper venue for this suit pursuant to Section 125.002

of the Texas Civil Practice and Remedies Code.

IV. FACTS AND CAUSE OF ACTION

6. Tres Arboles is the owner of the Property and maintains, owns, uses and/or is a party to

the use of the ProPertY.

7. The Property is a place to which persons habitually go for (1) delivery, possession,

manufacture. or use of a controlled substance in violation of Chapter 481 of the Health and

Safety Code; (2) robbery as described by Section29.O3, Penal Code; (3) aggravated assault as

described by Section 22.02, Penal Code; (4) murder as described by Section 19.02, Penal Code;

and (5) unlawfully carrying a weapon as described by Section 46.02 of the Penal Code. See

affidavit of Karen Lewis, attached as Exhibit A and incorporated by reference as if fully set forth

herein.

8. Between July, 2010 and June, 2}ll, the following offenses were reported to have

occurred at the Property:

(a) thirteen (13) cases of delivery, possession, manufacture, or use of a controlledsubstance:

(b) one (1) case ofrobbery;

(c) three (3) cases of aggravated assault;

(d) one (1) murder; and

(e) one (1) case of unlawfully carrying a weapon.

City's Original Petition, Request for Temporary and Permanent Injunctions, Motion to Appoint Receiver, Request

for Disclosure, and Request for Expedited Trial SettingCitv of Dallas v. CCC&RTres Arboles, L.L.C.

Page 2 of 6

g. Tres Arboles knowingly tolerates this habitual criminal activity.

10. Tres Arboles has failed to make reasonable attempts to abate the habitual criminal

activity.

11. The Property constitutes a common nuisance pursuant to Section 125.0015 of the Texas

Civil Practice and Remedies Code.

V. REQI]EST FOR TEMPORARY AND PERMANENT INJT]NCTIONS

IZ. The City requests temporary and permanent injunctions pursuant to Section 125.002 of

the Texas Civil Practice and Remedies Code prohibiting Tres Arboles from maintaining the

property as a cornmon nuisance, specifically, as a place to which persons habitually go for: (1)

delivery, possession, manufacture, or use of a controlled substance; (2) robbery; (3) aggavated

assault; (4) murder; and (5) unlawfully carrying a weapon.

L3. If after notice and hearing on the City's request for a temporary injunction, the Court

determines that the City is likely to succeed on the merits in its suit, the City requests that the

Court order reasonable requirements to prevent the use or maintenance of the Property as a

conrmon nuisance as described herein.

14. If after notice and hearing on the CrE's request for a temporary injunction, the Court

determines that the City is likety to succeed on the merits in its suit, the City requests, and Civil

Practice and Remedies Code Section L25.045(a) mandates, that the Court require Tres Arboles to

execute a bond payable to the state at Dallas County in an amount set by the Court of not less

than $5.000.00 nor more than $10,000.00; have sufficient sureties approved by the Court; and be

conditioned that Tres Arboles will not knowingly maintain a common nuisance at the Property as

described herein.

City's Original Petition, Request for Temporary and Permanent Injunctions, Motion to Appoint Receiver, Request

for Disclosure, and Request for Expedited Trial Setting Page 3 of 6City of Dallas v. CCC&R Tres Arboles, L.L.C.

15. The City further requests that if final judgment be in favor of the City, pursuant to

Section 125.002(e) and (0 of the Texas Civil Practice and Remedies Code, the Coutt grant a

pennanent injunction ordering Tres Arboles to abate the common nuisance; enjoin Tres Arboles

from maintaining or participating in the common nuisance; and set in its order specific

requirements of Tres Arboles to prevent the use or maintenance of the Property as a common

nuisance.

VI. MOTION TO APPOINT RECEIVER

16. Because Tres Arboles continues to maintain and/or allow the Property to be maintained

as a common nuisance thus endangering the health and safety of its tenants and neighboring

citizens, ttre City requests that the Court appoint a receiver to take charge and possession of the

Property under Texas Civil Practice and Remedies Code Sectiorrl25-046.

I7. Accordingly, the City requests that the Court order the following:

a. Receiver be appointed to take possession and charge of the Property and be

allowed to:

1) take control of the ProPertY;

2) collect rents due on the Property;

3) make or have made repairs necessary to bring the Property into

compliance with minimum housing standards of the Dallas City Code;

4) make payments necessary for the maintenance or restoration of utilities to

the Property

5) purchase materials necessary to accomplish repairs;

6) renew existing rental contracts and leases;

7) enter into new rental contracts and leases;

City's Original Petition, Request for Temporary and Permanent Injunctions, Motion to Appoint Receiver, Request

for Disclosure, and Request for Expedited Trial Setting Page 4 of 6

City of Dallas v. CCC&RTres Arboles, L.L.C.

8) affirm, renew, or enter into a new contract providing for insurance

coverage on the Property; and

9) exercise all other authority that an owner of the Property would have

except for the authority to sell the Property;

10) seek approval of the court for all expenditures of monies in excess of

$10,000 as needed to satisfy (3), (4), and (5);

11) upon completion of the receivership, file with the Court a full accounting

of all costs and expenses incurred in repairs, including reasonable costs for

labor and subdivision and all income received from the Property; and

12) perform other acts in regard to the Properties as authorized by the Court.

b. All representatives and employees of Tres Arboles be prohibited from being

within 500 feet of the Properties;

c. Tres Arboles relinquish to the Receiver all accounts, books, rent rolls, funds, and

papers regarding the management of the Property;

d. Tres Arboles cease to hold itself out as being in control of the Property; and

e. Tres Arboles refrains from contacting the current tenants of the Property.

VIII. REQTJEST F'OR EXPEDITED TRIAL SETTING

Pursuant to Section 125.003(c) of the Texas Civil Practice and Remedies Code, the City

respectfully requests a full trial on the merits no later than the 90ft day after the date of the

temporary injunctive order.

PRAYER FOR RELIEF

WHEREFORE PREMISES CONSIDERED, the City respectfully requests that the Court

grant the following relief in the City's favor:

City's Original Petition, Request for Temporary and Permanent Injunctions, Motion to Appoint Receiver, Requestfor Disclosure, and Request for Expedited rrial setting page 5 of 6City of Dallas v. CCC&R Tres Arboles, L.L.C.

a) A temporary injunction prohibiting Tres Arboles from maintaining the property as

a common nuisance, specifically, as a place to which persons habitually go for:

(1) delivery, possession, manufacture, or use of a controlled substance; (2)

robbery; (3) aggravated assaull (a) murder; and (5) unlawfully carrying a

weapon.

b) A permanent injunction against Tres Arboles as requested herein;

c) A receiver be appointed to take possession and charge of the property;

d) Reasonable attomeys' fees and costs;

e) Post judgment interest at the maximum rate allowed by law;

0 A full trial on the merits no later than the 90m day after the date of the temporary

injunctive order; and

g) Any and all other relief, general or special, at law or in equity, to which the City is

justly entitled.

Assistant City Attomey

City Attorney's Office1500 Marilla Street, Room 78 NorthDallas, Texas 7520LTelephone : ZI4 - 67 0 -3 5 19Telecopier : 214-67 0 -0622andrew. gilbert @ dallascityhall.com

ATTORNEY FOR TIIE CITY OF DALLAS

City's original Petition, Request for Temporary and Permanent Injunctions, Motion to Appoint Receiver, Requestfor Disclosure, and Request for Expedited Trial Setting page 6 of 6City of Dallas v. CCC&R Tres Arboles. L.L.C.

lly submitted,P. PERKINS, JR.

No.24012696)

Affidavit of Karen Lewis

Came unto me this day, Senior Corporal Karen Lewis, Affiant, a person known tome and upon oath swears as follows:

"My name is Karen Lewis. I am over the age of eighteen and have personalknowledge of the facts asserted below and am competent to testlfy to those facts. I swearthat the facts below are true and correct.

I am employed as a police officer by the City of Dallas Police Department and Iam assigned to the Northeast Division. I have been a police officer for nine years.

In August of 2010, I opened an investigation on the property located at7222Fairoaks, Dallas, Texas, known as the casa verde Apartments (the 1'property''), a multi-family residence, because of the illegal activity on the propeny.

The following abatable illegal activity has occurred on the Property in the lasttwelve months:

On July 13, 2010, the Narcotics Division of the Dallas Police Department("DPD") executed a search warrant at the Property and arrested a person residingat the apartments on the Property for possession of 208.5 gru-J of marijuanalOfficers also seized a digital scale and a 12 gauge sawed Lff shot gun duringexecution of the warrant at the property (#196ag3X);

On July l7 ,2010, a person was arrested by DPD officers for unlawfully canyinga weapon; a 38 caliber revolver, on the property (#2002gaX);

On August L1',2OL0, an aggravated assault occurred on the Property as a residentof the apartments was shot (#225599X);

On September 22,2010, a known gang member was arrested by DpD officers forpossession of 5.9 grams of marijuana on the Property. The Property is a drug freezone and gang free zone as it is within 1000 feet of two bdtas schools@2652aaX);

On October 17, 2010, a robbery occurred on the Property as several items weretaken from one of the apartments (#28909aX);

On November 14, 2010, DPD officers arrested a person for manufacturing anddelivery of 3.2 grams of cocaine at the properry (#3l5Za4X);

On Decembet 19, 2010, a murder occurred on the Property as a resident of theapartments was shot in the parking lot and died as a result (#346096x);

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On January 7,2011, a person residing at the apartments was arrested by DpDofficers on the Property for possession of 60.8 grams of marijuana, manufacturingand delivery of L2.2 grams of cocaine, manufacturing and delivery of 27 .9 gtatriof phencyclidine, manufacturing and delivery of 7.3 grams of alprazolam, andmanufacturing and delivery of 71.7 grams of hydrocodone. Officers also seizedfirearms, drug paraphernalia, numerous digital scales, drug cooking utensils,various packaging materials, and currency (#005816y);

On February 17, 2011, DPD arrested a person for aggravated assault at theProperty and he was found to be in possession of 2 grams of marijuana and 4.1grams of methamphetamines (#0a0583y);

On February 17, 20L1, a person residing at the apartments was arrested by DPDofficers on the Property for possession of 1.0 grams of cocaine, l}.l grams ofmarijuana, and 8.6 grams of alprazolam (#040583y);

On March 3, 2011, an undercover officer with the Narcotics Division of theDallas Police Department made a drug buy of 0.6 grams of cocaine from a personat the Property( N1-11-0194);

On March 2L,2OL1, an aggravated assault occurred on the Property as a residentof the apartments was stabbed in the parking lot (#070031y);

On March 22,2011, a confidential informant made a drug buy of 0.2 grams ofcocaine from a person at the Property (N1-11-0299);

On March 22, 201I, a confidential informant made a drug buy of 0.3 grams ofcocaine from a person at the property (N1-11-0300);

On April L4, 2011, a person residing at the apartments was arrested by DpDofficers on the Property for possession of 2.3 grams of marijuana (#O93770y);

On May 13,2011, person residing at the apartments was arrested by DPD officerson the Property for possession of < .1 grams of cocaine and burglary of a vehicle(#122374Y);

On May 26,2011, an undercover officer with the Narcotics Division of the DallasPolice Department made a drug buy of 4.7 grams of marijuana from a person atthe Property (Nl-1 1-0553);

On May 30,20t1, a person was arrested by DPD officers on the property forpossession of 2.3 grams of marijuana and possession of .7 grams of coiaine(#r40229Y).

As part of my investigation, I reviewed each of the arrest or incident reports listedabove. This includes a review of all facts, data, and other information contained within

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these reports. Based upon my review of the reports and my investigation, I have personalknowledge of all the facts, data, and other information within the arrest and incidentreports listed above.

To my knowledge, CCC&R Tres Arboles, L.L.C. has not taken reasonable stepsto abate the criminal activity occurring at the property.

This Property continues to be habitually used for drug-related activity, robbery,aggravated assault, aggravated sexual assault, and unlawiully canying a weapon.Furthermore, the Property has a reputation as a place where persons go to purchase illigalsubstances."

Sworn to and subscribed before me on this the gth dav ofJu ly ,2011.

I

PAMELA L. VOYLESNota ry Pub l i cState of Texas

My Comm. Expres 12-12-2014

Notary Public in and for theState of Texas

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