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Electronically Filed

12/4/2017
12/4/2017 2:39 PM
Hidalgo County District Clerks
Reviewed By:
By: Irene
Irene Caceres

CAUSE NO. C6255-15-F

JACR, LLC d/b/a GAMEHAUS IN THE DISTRICT COURT


GASTROPUB

VS. 332ND IUDICIAL DISTRICT
'


THE CITY OF MCALLEN OF HIDALGO COUNTY, TEXAS

AGREED FINAL JUDGMENT AND PERMANENT INJUNC'IION

BE IT REMEMBERED that on the date of the signing of this Order, came Plaintiff JACR,

LLC d/b/a/ GAMEHAUS GASTROPUB (Gamchaus) through its attorney of record and Defendant

THE CITY OF McALLBN (City) through its attomey of record. Plaintiff Gamehaus and Defendant

City announced they had compromised the matters in dispute and agreed that the Court should enter

this AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION, costs and legal fees taxed

to the party incurring sama

The Court approved the settlement and, pursuant to the Parties agreement, determined to enter

this AGREED FINAL JUDGMENT AND PERMANENT INIUNCTION.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff JACR, LLC

d/b/a/ GAMEHAUS GASTROPUB take nothing on its claims for declaratory relief, injunctive relief,

attomeys fees and costs. IT IS FURTHER ORDERED, ADIUDGED, AND DECREED that the

District Clerk shall refund Plaintiff Gamehauss cash deposit made in connection with the Temporary

Restraining Order, which expired by its own terms.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff JACR, LLC d/b/a/

GAMEHAUS GASTROPUB is commanded to cease owning, operating, or managing any bar or

restaurant on and after December 31, 2017, at 2109 West Nolana, McAIlen, Texas (Locati0n). It is

FURTHER ORDERED that, after December 31, 2017, Plaintiff JACR, LLC d/b/a/ GAMEHAUS

GASTROPUB is commanded to cease and refrain from owning, operating, or managing (either
Electronically Filed
12/4/2017
12/4/2017 2:39 PM
Hidalgo County District Clerks
Reviewed By:
By: Irene
Irene Caceres

directly or in conjunction with or through its members or through any other person or business entity)

at the Location any esfablishment or business that selves food or alcoholic beverages to the public.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant/Counter-

Plaintiff THE CITY OF McALLENS claims for injunctive relief are denied Without prejudice. IT IS

FURTHER ORDERED, ADIUD GED AND DECREED that Defendant/Counter-P laintiff THE CITY

OF McALLEN is commanded to cease and refrain from enforcing in any way before December 31,

2017, Ordinance Sec. 138-1 (dening restau1'ant) against P1aintiff/CounterDefendant Gamehaus

for operating a bar at the Location without a conditional use permit. However, Defendant/Counter-

Plaintifif THE CITY OF McALLEN remains free to seek enforcement of any other applicable

ordinance, statute, or law against PlaintifCounter-Defendant Gamehaus. Further, should

Plaintiff/Counter-Defendant Gamehaus continue to own, controi, or operate (either directly or in

conjunction with or through its members or any other person or business entity) at the Location after

December 31, 2017, any establishment or buSiness that serves food or alcoholic beverages to the

public, then Defendant/Comical?laintiff THE CITY OF McALLEN shall be free to seek enforcement

of Ordinance Sec. 138-1 and of this Finai Judgment and Permanent Injunction

All other relief prayed for by any pany but not herein expressly given is expressly denied. It

is intended that this F inaI Judgment and Permanent Injunction be a nal and appealable judgment,

The clerk shall, when so requested by Defendant/Countcr-P laintiff THE CITY OF McALLEN,

issue a writ of injunction in conformity with the law and the terms of this judgment.

Defendant/CounterPlaintiff THE CITY OF McALLEN is entitled to any other writs necessary or

convenient to enforce this judgment.


5TH day of
SIGNED F OR ENTRY this the
DECEMBER , 2017.

IUD GE PRESIDING
Electronically Filed
12/4/2017
12/4/2017 2:39 PM
Hidalgo County District Clerks
Reviewed By:
By: Irene
Irene Caceres

AGREED TO AND APPROVED:

John R. Grifth
GRIFFITH LAW GROUP
801 E Fem AWL, Suite 170
MnAllcn, TX 78504

Attorneys for Plaintiff/CounterDefendant JACR, LLC d/b/a Gnmehaus Gastropub

CITY OF MCALLEN
Kevin Pagan
Texas Bar No. 15406460
k a an mcallen net
Isaac ail
Texas Bar No. 24013605
itawikazmcgllentmct
PO Box 220
ISOO W. Houston Ave.
McAllcn, TX 78505-0220
Tel. 956/681-1090
Fax 956/681~1099

ADAMS & GRAHAM, L.L.I.


P.0. Drawer 1429
Harl'lngen, Texas 785511429
(956) 428 7495
(Fax/
/
(956)

WW:
a :4
"KGB \ZUcss
(:1 [02295001321a

hes Adams raham com

Altomeys For Dcfcndant/CounterPluintiff the City of McAllen


Electronically Filed
12/4/2017
12/4/2017 2:39 PM
Hidalgo County District Clerks
Reviewed By:
By: Irene
Irene Caceres

Copies to:

John R. Grifth. GRIFFITH LAW GROUP, 801 E. Fem Eva, Suite 170,
McAllen, TX 78504
Via E~Mailz irg@rgvrm.com; ol@rgvrm.com

Roger W. Hughes, ADAMS &'GRAHAM, L.L.P., 134 E. Van Buren, Suite 301, Harlingen, TX
785 5 1- 1429
Via E~Mail: rhughes@adamsgraham.com; fgo:nez@adamsgraham.com

Kevin Pagan, Isaac Tawil, CITY OF MCALLEN, PO. Box 220, 1300 W. Houston Avc., McAHen,
TX 78505-0220
Via EMail: kpaganncallennet; itawinmcallennet