Cause No.

11-04365

CITY OF DALLAS, § IN THE DISTRICT COURT

Plaintiff, §
§
VS. §
§ DALLAS COUNTY, TEXAS
PRAVIN S. PATEL AND §
RITA P. PATEL §
Defendant. § 101st JUDICIAL DISTRICT

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION

FOR TEMPORARY RESTRAINING ORDER, TEMPORARY AND
PERMANENT INJUNCTION, AND REQUESTS FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

The City of Dallas (“City”) files this Original Petition and Verified Application

for Temporary Restraining Order, Temporary and Permanent Injunction, and Requests

for Disclosure (“Original Petition”), and in support of which would respectfully show the

Court as follows:

I.
DISCOVERY CONTROL PLAN AND REQUESTS FOR DISCLOSURE

1. Discovery will be conducted 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, defendants

Pravin S. Patel and Rita P. Patel (“Patels”) are requested to disclose, within 50 days of

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

Rules of Civil Procedure.

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 1 OF 9
 II.
PARTIES

3. The City of Dallas is a home-rule municipal corporation situated in Dallas

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

4. Pravin S. Patel is an individual that owns the real property and operates

the business which is the subject of this suit. Service of process may be made upon Mr.

Patel at 3110 S. Buckner Boulevard, Dallas, Texas or 7520 Sunburst Trail, Denton, Texas

76210.

5. Rita P. Patel is an individual that owns the real property and operates the

business which is the subject of this suit. Service of process may be made upon Ms. Patel

at 3110 S. Buckner Boulevard, Dallas, Texas or 7520 Sunburst Trail, Denton, Texas

76210.

III.
VENUE AND JURISDICTION

6. The City brings this cause of action to obtain a temporary restraining order

and temporary and permanent injunctive relief and recover civil penalties against the

Patels pursuant to Subchapter B of Chapter 54 and Chapter 211 of the Texas Local

Government Code. Venue is proper and this Court has jurisdiction pursuant to Sections

54.013 and 211.012 of the Texas Local Government Code.

IV.
FACTS

7. The Patels own and control the real property located at 3110 S. Buckner

Boulevard, Dallas, County, Dallas, Texas, also known as “Luxury Inn” (the “Property”).

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 2 OF 9
 8. The Property is located in the City’s zoning district known as Planned

Development District No. 366, Subarea 6, of the City of Dallas, Texas (“PD 366”), which

is codified as chapter 51P, article 366 of the Dallas City Code.

9. The Property is currently used as a motel, in violation of its current

zoning. Prior to January 13, 2010, a motel use at the Property was a legal use.

10. On January 13, 2010, the Dallas City Council approved an amendment to

PD 366 which, effective January 13, 2010, made a motel use at the Property a

nonconforming use, that is, a use that is not allowed by right in a zoning district, but

legally existed before the zoning change that disallowed the use. See Dallas City Code

§51P-366.114(b)(2), a true and correct copy of which is attached as Exhibit A.

11. Prior to passage of this amendment, all notices of the proposed zoning

change required by state law and the City’s Code were properly provided. See Affidavit

of Neva Dean, attached as Exhibit B.

12. The amendment to PD 366 also established a termination date of January

13, 2011, for nonconforming motels in Subarea 6, where the Property is located,

providing a year to wind down nonconforming uses or to apply to the City’s Board of

Adjustment for additional time if a property owner could demonstrate that he or she

needed more time to fully amortize their investment in the business. See Ex. A, §51P-

366.114(b)(2).

13. The Patels did not apply to the City’s Board of Adjustment for additional

time to amortize their investment in the business. See Ex. B, Aff. of Neva Dean.

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 3 OF 9
 14. The Patels and their agents or employees continue to operate a motel at the

Property in violation of Dallas City Code §51P-366.114(b)(2). See Affidavit of Inspector

Sharon Benham, attached as Exhibit C.

V.
CAUSES OF ACTION

15. These causes of action arise under Subchapter B of Chapter 54 and

Chapter 211 of the Texas Local Government Code.

16. Chapter 211 of the Local Government Code provides: “if a building, other

structure, or land is … used in violation of [a zoning] ordinance …, the appropriate

municipal authority ... may institute appropriate action to: (1) prevent the unlawful …

maintenance, or use; (2) restrain, correct, or abate the violation; (3) prevent the

occupancy of the building, structure, or land; or (4) prevent any illegal act, conduct,

business, or use on or about the premises.” Tex. Loc. Gov’t Code §211.012(c) (emphasis

added).

17. The City is entitled to injunctive relief if it proves the violation of a zoning

ordinance. Hollingsworth v. City of Dallas, 931 S.W.2d 699, 703 (Tex. App. -- Dallas

1996, writ denied). Thus, the City seeks a temporary restraining order and temporary and

permanent injunctions enjoining the Patels, their employees, servants, contractors,

successors and assignees, and any persons in active concert or active participation with

the Patels, from operating or maintaining a motel at the Property in violation of Dallas

City Code §51P-366.114(b)(2).

18. Further, the City requests that if the Patels, their employees, servants,

contractors, successors and assignees, and any persons in active concert or active

participation with the Patels, in violation of an Order of this Court, fail to cease operating

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 4 OF 9
a motel at the Property, the City be allowed to enter the Property, vacate the Property,

lock the doors to the Property, and fence the Property until further Order of this Court.

19. Pursuant to Section 54.017 of the Local Government Code, the City

requests civil penalties of $1,000 for each day that the Patels, their employees, servants,

contractors, successors and assignees, and any persons in active concert or active

participation with the Patels, operated or assisted in the operation of a motel at the

Property in violation of Dallas City Code §51P-366.114(b)(2).

VI.
REQUEST FOR JURY TRIAL

20. The City respectfully requests a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE PREMISES CONSIDERED, the City of Dallas, Plaintiff, prays

for the following relief:

(1) the City be granted a temporary restraining order, enjoining the Patels,

their employees, servants, contractors, successors and assignees, and any

persons in active concert or active participation with the Patels from

operating or assisting in the operation of a motel on the Property in

violation of Dallas City Code §51P-366.114(b)(2), and if the Patels fail to

obey such order, the City be allowed to enter the Property, vacate the

Property, lock the doors to the Property, and fence the Property until

further Order of this Court

(2) the City be granted a temporary and permanent injunctions, enjoining the

Patels, their employees, servants, contractors, successors and assignees,

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 5 OF 9
 and any persons in active concert or active participation with the Patels

from operating or assisting in the operation of a motel on the Property in

violation of Dallas City Code §51P-366.114(b)(2);

(3) the City be awarded judgment in its favor against the Patels for civil

penalties of $1,000 per day for each day that the Patels have operated a

motel at the Property in violation of Dallas City Code §51P-366.114(b)(2);

(4) the City be granted judgment for post-judgment interest at the highest

legal rate;

(5) the City be granted judgment for all costs of court; and

(6) the City be granted all such other and further relief, both general or

special, at law or in equity, to which it may show itself to be justly

entitled.

Respectfully submitted,

THOMAS P. PERKINS, JR.

Dallas City Attorney

________________________________
BY: MELISSA A. MILES
Assistant City Attorney
Texas State Bar No. 90001277

City Attorney’s Office

1500 Marilla Street, Room 7B North
Dallas, Texas 75201
Telephone: 214-670-3519
Telecopier: 214-670-0622
melissa.miles @dallascityhall.com

ATTORNEY FOR THE CITY OF DALLAS

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 6 OF 9
 DALLAS CIVIL DISTRICT COURT RULE 1.06
AND RULE 2.02 CERTIFICATE

Pursuant to Rule 2.02 of the Dallas Civil District Court rules, the undersigned
certifies to the best of her knowledge that Defendants Pravin S. Patel and Rita P. Patel,
against whom relief is sought herein, is presently represented by Mr. Frank P. Hernandez,
Esq. in the matter made the basis of this suit. To the best of the undersigned counsel’s
knowledge, the case in which this application is presented is not subject to transfer under
Rule 1.06 of the Dallas Civil District Court Rules.

Certified to the _____ day of April 2011.

_______________________________
Melissa A. Miles

CERTIFICATE OF CONFERENCE

I hereby certify that prior to filing this lawsuit, I personally contacted the
Defendant in the following manner:

On March 30, 2011, I spoke by telephone with Defendant’s counsel, Mr. Frank P.
Hernandez. I informed Mr. Hernandez of the substance of the lawsuit and that I would be
seeking a temporary restraining order against his client if they did not voluntarily cease
operating the motel by the close of business, Friday April 1, 2011. Mr. Hernandez
assured me that the business would cease operating by that time.

On Monday, April 4, 2011, at approximately 11a.m., I spoke again with Mr.

Hernandez, and informed him that I would be seeking a temporary restraining order
against his client if they did not voluntarily cease operating the motel immediately. Mr.
Hernandez assured me that the business would cease operating by 3:00 that afternoon.

On Wednesday, April 6, 2011, at approximately 9:3 a.m., I faxed a copy of the

Original Petition and proposed temporary restraining order to Mr. Hernandez’s office.

_______________________________
Melissa A. Miles

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 7 OF 9
 VERIFICATION

THE STATE OF TEXAS )

)
COUNTY OF DALLAS )

BEFORE ME, the undersigned notary public on this day personally appeared
Neva Dean of the Office of Development Services of the City of Dallas, who, being duly
sworn, stated under oath that she has read Plaintiff's Original Petition, Verified
Application for Temporary Restraining Order, Temporary and Permanent Injunction and
Requests for Disclosure (the “Petition”), and that the factual allegations contained in
Paragraphs 7-11 and 13 of the Petition therein are within her personal knowledge and are
true and correct.

_______________________
Neva Dean

SWORN TO AND SUBSCRIBED before me on the ____ day of April 2011.

__________________________________
NOTARY PUBLIC IN AND
FOR THE STATE OF TEXAS

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 8 OF 9
 VERIFICATION

THE STATE OF TEXAS )

)
COUNTY OF DALLAS )

BEFORE ME, the undersigned notary public on this day personally appeared
Sharon Benham, a Code Inspector for the City of Dallas , who, being duly sworn, stated
under oath that she has read Plaintiff's Original Petition, Verified Application for
Temporary Restraining Order, Temporary and Permanent Injunction and Requests for
Disclosure (the “Petition”), and that the factual allegations contained in Paragraphs 9 and
14 of the Petition therein are within her personal knowledge and are true and correct.

_________________________
Sharon Benham

SWORN TO AND SUBSCRIBED before me on the ____ day of April 2011.

__________________________________
NOTARY PUBLIC IN AND
FOR THE STATE OF TEXAS

CITY OF DALLAS’ ORIGINAL PETITION, VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE PAGE 9 OF 9