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DALLAS COUNTY
6/6/2019 3:15 PM
FELICIA PITRE
DISTRICT CLERK
Lafonda Sims
Cause No. DC—l 8—1 8651
V.
COMES NOW, the City 0f Dallas, Plaintiff, and files its Second Motion for Contempt and
I. INTRODUCTION
Defendant Blue Star Recycling LLC (“Blue Star”) failed to comply with the terms of the
Temporary Injunction Order (“TI”) entered by this Court on April 10, 201 9. Plaintiffrequests that
this Court find Blue Star in contempt and assess a fine of $500 per Violation of the TI, per day,
until Blue Star complies with the TI; confine representatives in control of Blue Star in the county
jail until Blue Star complies with the TI; or both such fine and such confinement.
The subject of this lawsuit is properties situated in southeast Dallas upon which Blue Star
collects scrap asphalt roofing shingles ostensibly for the purpose 0f recycling them. In late 201 8,
City of Dallas inspectors observed Blue Star to be in Violation of local and state laws by operating
Without permits, discharging pollutants into the stormwater drainage system, and being illegally
Texas Local Government Code requesting the Court to order Defendants to immediately cease
operations and the discharge ofpollutants into the stormwater drainage system. On that same date,
the City of Dallas entered an agreement With Defendants Blue Star Recycling LLC and CCR
Equity Holdings One, LLC in which Blue Star agreed to temporarily cease operations and take
Subsequently, city inspectors observed ongoing violations of local and state law resulting
in harm to the environment, public health, and nearby residents. On March 20, 201 9, the City 0f
Dallas filed its First Amended Petition, adding allegations of Violations of floodplain, air quality,
and other municipal regulations, along With continued stormwater noncompliance, and requested
a Temporary Restraining Order (“TRO”) which this Court granted. The City of Dallas filed its
first Motion for Contempt on March 29, 2019 alleging Violations of the TRO. The Court has not
On April 10, 2019, this Court signed a Temporary Injunction enjoining Blue Star from
grinding and processing materials on the Property; and from receiving or accepting additional
materials on the Property. Additionally, this Court ordered Blue Star to, inter alia, “remove all
asphalt shingles and ground material from shingles” Within ninety (90) days from the date of the
Order. The Court further ordered that a status meeting would be held in sixty (60) days to discuss
City of Dallas personnel inspected the site on June 5, 2019 and found that no shingle
materials have been removed from the site. Blue Star’s current CEO, Carl Orrell, was present and
stated that Blue Star has no money and no equipment with which to facilitate the removal of the
materials. Blue Star is in contempt of this Court because it has not removed any shingle material
from the Property and will not be able to comply Within the deadline.
TEX. GOV’T. CODE §§21 .001—21 .002. Plaintiff requests that this Court hold Defendant Blue Star
in civil contempt of court and assess a contempt fine of $500 per Violation 0f the TI, per day, until
Blue Star is fully compliant With all provisions of the TI cited in this Motion; or confine Blue
Star’s representative(s) in control, in the county jail until Blue Star is fully compliant With all
provisions ofthe TI cited in this Motion; or assess both such fine and such confinement. Id. ; TEX.
1. Issue a show cause order directing Defendant Blue Star to appear at the earliest
possible time and show cause why it should not be adjudged guilty of contempt for Violations 0f
2. Hold Defendant Blue Star in civil contempt 0f court and assess a fine of $500 per
Violation ofthe TI, per day, until Blue Star is fully compliant With all provisions 0fthe TI; confine
Blue Star’s representative(s) in control in the county jail until Blue Star is fully compliant with all
provisions of the TI, but not more than six months; or assess both such fine and such confinement;
and
3. Grant such other and further relief, general or special, in law or in equity, to which
STATE OF TEXAS
COUNTY OF DALLAS
I, Maricela A. Rangel, qualified and employed as Environmental Specialist III in the Office
of Environmental Quality and Sustainability of the City of Dallas, after being duly sworn, hereby
certify that I am qualified and authorized to make this verification, and that I have read each and
every factual allegation contained Within Section II ofthis Motion, and that said factual allegations
Maricela A. Rangel
SUBSCRIBED AND SWORN To BEFORE ME cm this the LL" day of M2019, to cemfiz
which witness my hand and official seal.
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CERTIFICATE 0F SERVICE
I hereby certify that a true and correct copy of the foregoing document was served upon
Defendant Blue Star Recycling LLC, through its representatives Carl Orrell Via email at