Request for Injunction

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Crow/CityPlace Sam's Injunction Request

Text of Request for Injunction

  • PLAINTIFFS ORIGINAL PETITIONPAGE 1

    JUDICIAL DISTRICT COURT DALLAS COUNTY, TEXAS East Village Association

    Plaintiff, v.

    The City of Dallas; Michael Anglin, Neil Emmons, Emma Rodgers, Betty Culbreath, Tony Shidid, Jed Anantasomboon, Ann Bagley, Myrtl M. Lavallaisaa, Gloria Tarpley, John Shellene, Jaynie Schultz, Cookie Peadon, Margot Murphy, Paul E. Ridley, and Robert Abtahi in their official capacity as members of the City Plan Commission; and TC Central Associates, LLC.

    Defendants.

    Cause No. _______________________ Plaintiffs Original Petition and Ex Parte Application for Temporary Restraining Order, Temporary and Permanent Injunction, Request for Show Cause Order, and Motion for Expedited Discovery

    To the Honorable Court: Plaintiff East Village Association files this Original Petition and Ex Parte Application for Temporary Restraining Order, Temporary and Permanent Injunction, Request for Show Cause Order, and Motion for Expedited Discovery to prevent the City of Dallas (Dallas) City Plan Commission from approving a development plan based upon a void zoning ordinance. In support of its request, Plaintiff respectfully states as follows: I. DISCOVERY CONTROL PLAN 1. Plaintiff intends to conduct discovery under Level 2 as set forth in Texas Rule of Civil Procedure 190.3.

    Smith Gay

    FILEDDALLAS COUNTY

    7/9/2014 11:40:22 AMGARY FITZSIMMONS

    DISTRICT CLERK

    DC-14-07239

    162ND-I

  • PLAINTIFFS ORIGINAL PETITIONPAGE 2

    II. CAPACITY

    2. Defendants Michael Anglin, Neil Emmons, Emma Rodgers, Betty Culbreath, Tony Shidid, Jed Anantasomboon, Ann Bagley, Myrtl M. Lavallaisaa, Gloria Tarpley, John Shellene, Jaynie Schultz, Cookie Peadon, Margot Murphy, Paul E. Ridley, and Robert Abtahi (together, the "CPC") are named exclusively in their official capacity as members of the City Plan Commission. III. PARTIES 3. Plaintiff is an unincorporated nonprofit association organized under Texas Business Organizations Code 252.001 et seq. Plaintiffs members include one or more members who reside and own real property within 200 feet of the Development, as defined below. 4. The City of Dallas is a Texas municipal corporation and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 5. Michael Anglin is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 6. Neil Emmons is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 7. Emma Rodgers is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 8. Betty Culbreath is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201.

  • PLAINTIFFS ORIGINAL PETITIONPAGE 3

    9. Tony Shidid is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 10. Jed Anantasomboon is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 11. Ann Bagley is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 12. Myrtl M. Lavallaisaa is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 13. Gloria Tarpley is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 14. John Shellene is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 15. Jaynie Schultz is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 16. Cookie Peadon is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 17. Margot Murphy is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at her place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201.

  • PLAINTIFFS ORIGINAL PETITIONPAGE 4

    18. Paul E. Ridley is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 19. Robert Abtahi is a member of the Dallas City Plan Commission and may be served through the City Manager's Office, City Manager, A.C. Gonzalez, at his place of business at 1500 Marilla Street, Room 4EN, Dallas, Texas, 75201. 20. TC Central Associates, LLC (Crow) is a Delaware limited liability company that maintains its principal place of business in Dallas County and may be served through its registered agent, Corporation Service Co. d/b/a CSC-Lawyers Incorporating Service Co., 211 E. 7th Street, Ste. 620, Austin, TX 78701. IV. JURISDICTION AND VENUE 21. The Court has jurisdiction pursuant to Texas Civil Practice and Remedies Code 37.003 because this action seeks a declaratory judgment regarding the validity of Dallas City Ordinance No. 29019. Dallass sovereign immunity is waived pursuant to Texas Civil Practice and Remedies Code 37.006(b). 22. Venue is proper in Dallas County pursuant to Texas Civil Practice and Remedies Code 15.002 because Dallas County is the county in which all or a substantial part of the events giving rise to the claim occurred and because Defendants reside in Dallas County.

    V. FACTUAL BACKGROUND 23. The zoning ordinance allowing Crow to develop a 100,000+ square foot merchandise store on Planned Development District 889 at the corner of North Central Expressway and North Carroll Avenue (the Development) is the product of a fraud upon the people and the City of Dallas. 24. Because of the fundamentally unique character of 100,000+ square foot merchandise stores, Dallas has historically intervened to restrict their development.

  • PLAINTIFFS ORIGINAL PETITIONPAGE 5

    25. On August 11, 2004, the Dallas City Council passed a 60-day moratorium suspending building permits and certificates of occupancy for all new 100,000+ square foot merchandise stores because of neighborhood concerns. 26. A several-year economic and sociological study of 100,000+ square foot merchandise stores concluded that they cause commercial and residential blightthe megastores sap the life from local retailers, and as local retailers fail, their surrounding neighborhoods fail as well, resulting in increased crime, housing decay, suppression of wages, and reduced tax revenue for cities. See EDWARD B. SHILS, MEASURING THE ECONOMIC AND SOCIOLOGICAL IMPACT OF THE MEGA-RETAIL DISCOUNT CHAINS ON SMALL ENTERPRISE IN URBAN, SUBURBAN AND RURAL COMMUNITIES 1-16, 206, 218-19 (1997). 27. Recognizing that 100,000+ square foot merchandise stores need special restrictions, including their own notice, their own hearing, and their own approval by the City Council, on October 27, 2004, the Dallas City Council passed an ordinance requiring that 100,000+ square foot merchandise stores obtain a Specific Use Permit. 28. Dallas also requires design standards for 100,000+ square foot merchandise stores, and the Dallas Development Code explains that the standards are necessary because, "[l]arge retail uses often have negative impacts on community aesthetics, the environment, mass transit, pedestrian circulation, the scale and rhythm of streetscapes, traffic, and urban sprawl." Dal. Dev. Code 51A-4.605(a)(1). 29. On June 15, 2012, Masterplan Consultants (Masterplan) filed a Zoning Change Application on behalf of then-owner Xerox Services, LLC ("Xerox") requesting that the Development's existing zoning be consolidated into a new Planned Development District ("PD") "for Mixed Use-3." See Zoning Change Application, p. 21-24 (all attachments to this Petition are bookmarked in the PDF version pursuant to Judicial Committee on IT Technology Standards 3.1(E)).

  • PLAINTIFFS ORIGINAL PETITIONPAGE 6

    30. Mixed Use-3 ("MU-3") is a specific zoning use enumerated in the Dallas Development Code, which defines the purpose of MU-3 as: To provide for the development of high density retail, office, hotel, and/or multifamily residential uses in combination on single or contiguous building sites, to encourage innovative and energy conscious design, efficient circulation systems, the conservation of land, and the minimization of vehicular travel. Dal. Dev. Code 51A-4.125(f)(1) (emphasis added). 31. The Zoning Change Applica