Sunteți pe pagina 1din 5

FILED

DALLAS COUNTY
6/6/2019 3:15 PM
FELICIA PITRE
DISTRICT CLERK

Lafonda Sims
Cause No. DC—l 8—1 8651

CITY OF DALLAS, TEXAS IN THE DISTRICT COURT


Plaintiff

V.

BLUE STAR RECYCLING LLC, DALLAS COUNTY, TEXAS


ALMIRA INDUSTRIAL AND TRADING, mmmmmmmmmmm

CORR, CCR EQUITY HOLDINGS


ONE, LLC, 9505 S. CENTRAL
EXPRESSWAY, IN REM
S‘
Defendants 19 1 JUDICIAL DISTRICT

PLAINTIFF’S SECOND MOTION FOR CONTEMPT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, the City 0f Dallas, Plaintiff, and files its Second Motion for Contempt and

in support 0f which would respectfully show the Court the following:

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.

II. FACTUAL HISTORY

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

situated within the lOO—year floodplain.


On December 14, 2018, the City of Dallas filed this lawsuit pursuant to Chapter 54 of the

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

steps necessary to comply with applicable environmental and other regulations.

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

yet ruled on that Motion.

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

the status of removal of the materials.

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.

III. MOTION FOR CONTEMPT


Blue Star’s knowing and deliberate failure to comply With the TI constitutes contempt. See

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.

Loc. GOV’T. CODE §54.019; TEX. R. CIV. P. 692.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiffrequests that this Court:

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

the TI cited in this Motion;

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

Plaintiff may be entitled.


Respectfillly submitted,

CITY ATTORNEY OF THE CITY OF DALLAS


Christopher J. Caso
Interim City Attorney

/s/ Javla Wilkerson


Jayla Wilkerson
Senior Assistant City Attorney
Texas State Bar No. 24093367
jayla.wilkerson@dallascityhall.com
Andrew M. Gilbert
Senior Assistant City Attorney
Texas State Bar No. 24012696
andrew. gilbert@dallascityha11.com
7DN Dallas City Hall
1500 Marilla Street
Dallas,TX 75201
Phone: (214) 670—3519
Fax: (214) 670-0622
ATTORNEYS FOR PLAINTIFF
VERIFICATION

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

are within my personal knowledge and are true and correct.

Maricela A. Rangel

Subscribed and sworn to before me this 6th


day of June 2019.

SUBSCRIBED AND SWORN To BEFORE ME cm this the LL" day of M2019, to cemfiz
which witness my hand and official seal.

A
“91;?” C. GB ACE AMAEFUL
{Texas
I

s‘a‘e °
§§§""‘3‘2”=Notarv Pub“°-
' -
Expuras 06 -' -2021 NOTARY PUBLI IN AND FOR
Comm.
9%. $33
fifi’é'éfifls Nmaw ID 13117
1663“
THE STATE OF T XAS
f’flmm“

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

carl@b1uestarrecycle.com, pursuant to Texas Rules of Civil Procedure, 0n June 6, 2019.

/s/ Javla Wilkerson


Jayla Wilkerson
ATTORNEY FOR PLAINTIFF

S-ar putea să vă placă și