FILED

12/2/2019 2:35 PM
Mary Angie Garcia
Bexar County District Clerk
Accepted By: Victoria Angeles

CAUSE NO: ________________

2019CI24578
CITY OF SAN ANTONIO § IN THE DISTRICT COURT
Plaintiff §
§
288th
V. § _______ JUDICIAL DISTRICT
§
BELAC INC. AND THE PLACE AND §
PREMISES LOCATED AT 1046 PASO §
HONDO, SAN ANTONIO, BEXAR §
COUNTY, TEXAS § BEXAR COUNTY, TEXAS
Defendant

PLAINTIFF’S ORIGINAL PETITION FOR TEMPORARY AND PERMANENT

INJUNCTION – IN PERSONAM AND IN REM

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes CITY OF SAN ANTONIO, Plaintiff (hereinafter “Plaintiff” or “City”),

complaining of the actions of BELAC INC., and its agents (hereinafter “Defendant”) located at

1046 Paso Hondo Unit #1, San Antonio, Bexar County, Texas. In support thereof, Plaintiff

would respectfully show unto the Court as follows:

I. DISCOVERY CONTROL PLAN AND REQUEST FOR DISCLOSURE

1. The City intends to conduct discovery under Level 2 of Rule 190 of the Texas Rules of

Civil Procedure.

2. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, defendant is requested to

disclose, within fifty (50) days of service of this request, the information or materials described

in Rule 194.2(a)-(c) and Rule 194.3(e)-(i).

II. PARTIES

3. Plaintiff is a home-rule municipal corporation created and existing pursuant to Article XI,

Section 5 of the Texas Constitution.

4. Defendant, BELAC Inc. is a Texas corporation doing business in San Antonio, Bexar

County, Texas. It can be served with process by serving its President and registered agent at:

City of San Antonio v. Belac, Inc., Page 1

Plaintiff’s Original Petition for Temp. & PI in Rem & In Personam
ANTHONY M. LAZZARI
Belac Inc.
1021 Basse Road
San Antonio, Texas 78212

III. JURISDICTION AND VENUE

Plaintiff, by and through its City Attorney, is duly authorized by the Texas Civil Practice

and Remedies Code § 125.002 to bring and prosecute these causes of action to enjoin and have

abated those criminal activities declared to be a common nuisance and to have the place and

premises which occupy the real estate known by the street address of 1046 Paso Hondo, in San

Antonio, Bexar County, Texas closed for one year.

Pursuant to Civil Practice and Remedies Code, §6.002, no bond is required of Plaintiff.

Further, Plaintiff need not plead specific harm or inadequacy of legal remedy.

IV. REAL PROPERTY DESCRIPTION

The real property made the basis of this suit is described as NCB 1419 BLK 1, LOT N,

60.07 ft of 12 within the City of San Antonio, Bexar County, Texas. Said real property is more

commonly known as 1046 Paso Hondo Unit #1, San Antonio, Texas (hereinafter “property”).

V. CAUSE OF ACTION

Pursuant to Chapter 125, TEXAS CIVIL PRACTICE AND REMEDIES CODE, Plaintiff seeks to

have the aforementioned property and the illegal activity occurring thereon declared a common

nuisance. Plaintiff seeks to enjoin defendant from knowingly tolerating and maintaining a place

to which persons habitually go for the purposes of possession, manufacture, use and/or delivery

of controlled substances and aggravated assaults with deadly weapons. The reputation of the

property is known to both law enforcement and citizens as a place to which persons utilize for

habitual criminal activity.

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 2
 Plaintiff seeks injunctive relief whereby the declared nuisances are abated, the property

ordered closed for one year, and defendants ordered to post a bond.

VI. FACTS

Defendant has continually and knowingly maintained a place to which persons habitually

go for the purposes of possession, manufacture, use and/or delivery of controlled substances and

aggravated assaults with deadly weapons.

Specifically, Plaintiff alleges that on the dates below the following criminal activities

occurred:

DATE OFFENSE

1) 09/10/19 Possession of a Controlled Substance with

Intent to Deliver
Cocaine
Documented gang member

2) 09/10/19 Tampering with Evidence

Attempting to destroy narcotics

3) 08/15/19 Delivery of a Controlled Substance

Cocaine

4) 08/08/19 Possession of Controlled Substance with

Intent to Deliver
Cocaine
Documented gang member

5) 08/08/19 Possession of Controlled Substance with

Intent to Deliver
Marijuana
Documented gang member

6) 08/08/19 Possession of Controlled Substance with

Intent to Deliver
Cocaine
Documented gang member

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 3
 DATE OFFENSE

7) 08/08/19 Possession of Controlled Substance with

Intent to Deliver
Marijuana
Documented gang member

8) 08/08/19 Possession of paraphernalia for use to

manufacture controlled substances

9) 07/23/19 Possession of a Controlled Substance

Crack cocaine
Documented gang member

10) 07/23/19 Possession of a Controlled Substance

Heroin

11) 07/23/19 Possession of Drug Paraphernalia

12) 07/19/19 Tampering with Evidence

Throwing narcotics out of car in sight of police

13) 07/19/19 Possession of Drug Paraphernalia

14) 06/06/19 Possession of a Controlled Substance

Crystal Meth

15) 06/06/19 Possession of a Controlled Substance

Marijuana

16) 03/09/19 Aggravated Assault with a Deadly Weapon

17) 12/21/18 Possession of a Controlled Substance

Crack cocaine

18) 12/21/18 Intent to Tamper with Evidence

Flushing narcotics

19) 12/21/18 Possession of a Controlled Substance

Crack cocaine

20) 12/11/18 Possession of a Controlled Substance

Crack cocaine

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 4
 DATE OFFENSE

21) 12/05/19 Possession of a Controlled Substance

Crack cocaine

22) 11/29/18 Possession of a Controlled Substance

With Intent to Deliver
Cocaine

23) 11/29/18 Possession of a Controlled Substance

With Intent to Deliver
Promethazine with Codeine

24) 11/29/18 Possession with Intent to Deliver

MDMA

25) 11/29/18 Possession of a Controlled Substance

Crack Cocaine

26) 11/29/18 Possession of Drug Paraphernalia

27) 11/29/18 Possession of a Controlled Substance

With Intent to Deliver
Cocaine

28) 11/29/18 Possession of a Controlled Substance

Cocaine

29) 06/13/18 Possession of a Controlled Substance

With Intent to Deliver
Cocaine

30) 06/13/18 Possession of a Controlled Substance

With Intent to Deliver
Cocaine

31) 06/13/18 Possession of a Controlled Substance

Cocaine

32) 06/13/18 Possession of a Controlled Substance

Cocaine

33) 11/30/17 Possession of a Controlled Substance

Xanax

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 5
 DATE OFFENSE

34) 11/30/17 Possession of Drug Paraphernalia

35) 01/05/17 Possession of a Controlled Substance

Marijuana

36) 01/05/17 Possession of a Controlled Substance

Synthetic Marijuana

37) 01/05/17 Possession of a Controlled Substance

Cocaine

38) 01/05/17 Felon in Possession of a Weapon

39) 09/09/16 Aggravated Assault with the a Deadly Weapon

40) 09/09/16 Aggravated Assault with the a Deadly Weapon

VII. REQUEST FOR TEMPORARY INJUNCTION

Plaintiff asks the Court to set its petition for temporary injunction for a hearing, and after

hearing, issue a temporary injunction against defendant. Plaintiff asks the Court to temporarily

enjoin defendant from allowing or tolerating the possession, manufacture, use and/or delivery of

controlled substances, discharge of firearms, and aggravated assaults with deadly weapons.

Plaintiff asks the Court to set reasonable requirements to prevent the use of the property as a

common nuisance.

It is probable Plaintiff will prevail after a trial on the merits because defendant’s property

is a common nuisance and poses a substantial threat to public life and safety. Plaintiff’s citizens

will suffer imminent and irreparable injury if the Court does not grant the requested temporary

injunction because the criminal activities occurring on the property pose a substantial threat to

the life and safety of any persons on or near the property.

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 6
 Plaintiff has no adequate remedy at law because the damage to human life and property is

incalculable. Plaintiff requests to have bond waived by the Court pursuant to Civil Practice and

Remedies Code, §6.002.

VIII. REQUEST FOR PERMANENT INJUNCTION

Plaintiff asks the Court set its request for a permanent injunction for a full trial on the

merits and, after trial, issue a permanent injunction against defendant.

IX. PRAYER

Unless enjoined to cease and desist, defendant will continue indefinitely to allow

violations of the Texas Controlled Substances Act and the Texas Penal Code to occur on the

premises of 1046 Paso Hondo, San Antonio, Bexar County, Texas.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court issue a

temporary injunction after hearing, and permanent injunction after full trial on the merits,

enjoining defendant, defendant’s agents, servants, employees, assigns, successors in interest, and

any other persons in privity with defendant to:

TEMPORARY INJUNCTION
(1) Immediately cease and desist from maintaining, participating and/or tolerating the
common nuisance at 1046 Paso Hondo, San Antonio, Bexar County, Texas;
(2) Require that the defendant execute a bond which must:
(a) be payable to the State in Bexar County;
(b) be in the amount set for not less than $5,000.00 nor more than $10,000.00;
(c) have sufficient sureties approved by the court; and
(d) be conditioned that the defendant will not knowingly maintain a common
or public nuisance to exist at the property.
(3) Include any other reasonable requirements to prevent the use or maintenance of
the place as a common nuisance.
(4) Assess attorney’s fees, court costs, and investigative costs.

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 7
PERMANENT INJUNCTION
(1) Declare the property located at 1046 Paso Hondo, Bexar County, Texas to be a
common nuisance pursuant to Chapter 125, Texas Civil Practice and Remedies
Code;
(2) Issue a Permanent Injunction permanently enjoining defendant, defendant’s
agents, servants, employees, assigns, successors in interest, and any other persons
in privity with defendant:
(a) To cease and desist from knowingly tolerating and maintaining a place to
which persons habitually go for tolerating the possession, manufacture,
use and/or delivery of controlled substances, possession of weapons,
aggravated assaults with deadly weapons; weapons, and prostitution;
(b) To immediately abate the common nuisance;
(c) To close, secure, and board the property for a period of one year after date
of judgment.
(3) Order any other reasonable requirements to prevent the use or maintenance of the
place as a common nuisance;
(4) Authorize Officers of the San Antonio Police Department to remove any persons
found on the premises on or after the date of closure;
(5) Authorize Plaintiff to board and secure the property should defendant fail to do so
within ninety-six (96) hours after issuance of judgment;
(6) Award Plaintiff attorneys fees and court costs pursuant to Section 125.003(d) of
the Texas Civil Practice and Remedies Code; and
(7) Grant such other relief, in law or in equity, to which Plaintiff may be justly
entitled.
Respectfully submitted,

OFFICE OF THE CITY ATTORNEY

401 S. Frio
San Antonio, Texas 78207
/S/ Savita Rai
SAVITA RAI
Assistant City Attorney
State Bar Number: 24013368

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 8
 SAMUEL ADAMS
State Bar Number: 24003680
Assistant City Attorney
Telephone Number: (210) 207-7154
Fax Number: (210) 207-7358
Attorneys for Plaintiff,
CITY OF SAN ANTONIO

City of San Antonio vs. Belac Inc. and the Place and Premises located at
1046 Paso Hondo Page 9