Professional Documents
Culture Documents
Christi Underwood
CAUSE NO. DC-16-00812
THEODORE C. LONG and CAROLYN JAQUESS LONG (Plaintiffs), the owners of the
residential property located at 13919 Hughes Lane, Dallas, Texas (Long Property), sue STEVE
BLOCK and PATRICE SANDUSKY BLOCK (Blocks), the occupants and owners of an adjacent
property located at 6236 Preston Creek Drive, Dallas, Texas (Block Property), to enjoin Blocks
from erecting a wooden fence in violation of the floodway easement and restrictive covenants
governing both properties. Plaintiffs also seek damages and other relief.
1. Plaintiffs sue for breach of contract and declaratory relief and damages within
the jurisdictional limits of this Court, injunctive relief, and monetary relief of more than
$100,000 but not more than $200,000, and all other relief to which Plaintiffs may be entitled.
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Cause No. DC-16-00812
Theodore & Carolyn Long v. Steve Block
SERVICE
3. Steve Block, a natural person, may be served with process at 6236 Preston Creek
VENUE
5. Venue is proper in Dallas County, Texas, because all or a substantial part of the
Plaintiffs claims arose in Dallas County, Texas, and Blocks reside in Dallas County. See TEX.
PLAINTIFFS CLAIMS
6. The Block Property and the Long Property are located in the Preston Road North
Estates Addition to the City of Dallas (PRNE Addition) according to the 1985 Restrictive
Covenants filed of record in Volume 86040, page 666 of the Deed Records of Dallas County,
7. The Block Property and the Long Property also are subject to a floodway
easement recorded at Volume 615, page 1965 of the Plat Records of Dallas County, Texas
(Floodway Easement).
8. Blocks began installing fence posts but have not completed building a wooden
fence within the boundaries of the Floodway Easement. The fenceif completedwould
obstruct the natural flow of water within the areas protected by the Flood Easement. Within the
past year, water levels in the pond within the Floodway Easement area rose beyond the fence
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line demarcated by the newly installed fence posts, depositing debris. The fence would obstruct
or any other structure in any floodway easement unless approved by the directors of
developmental services and public works and transportation in an instrument filed in the
county deed records. No such instrument containing the requisite approvals was found in the
10. The Restrictive Covenants limit the maximum height of any fence on property
located within the PRNE Addition and require approval of the erection of such structures by the
PNRE Homeowners Association (HOA). Blocks have not sought and did not received approval
from the HOA for the materials, fence height, or fence location before beginning to install posts
for the fence, and, on information and belief, no fencing has ever been approved by the HOA.
BREACH OF CONTRACT
11. Blocks erection of a wooden fence in the floodway easement area without prior
HOA approval and proper City approval violates the terms of the Restrictive Covenants and
the Floodway Easement. Plaintiffs, as owners of property within the subdivision, have standing
to seek an injunction and money damages for Blocks violation of the Floodway Easement and
the Restrictive Covenants. Plaintiffs are entitled to a temporary and permanent injunction to
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Cause No. DC-16-00812
Theodore & Carolyn Long v. Steve Block
DECLARATORY JUDGMENT
12. Plaintiffs request that the Court declare that Blocks erection of any fence in the
floodway easement area is not permitted by the Restrictive Covenants and the Floodway
Easement. Plaintiffs also seek attorneys fees as are equitable and just.
13. A temporary injunction is necessary to preserve the status quo pending trial of
14. Plaintiffs are likely to prevail on the merits. The Restrictive Covenants prohibit
the erection of a fence without HOA approval. Blocks have not sought or obtained permission
of the HOA. The HOA has not given its permission. The Floodway Easement likewise
prohibits the erection of any fence or structure in the floodway easement. The fence is being
constructed in violation of the Floodway Easement and Dallas City Code and is likely to cause
immediate, lasting, and irreparable harm by obstructing the natural flow of water.
15. Plaintiffs have no adequate remedy at law. Plaintiffs monetary damages are not
a practicable remedy and would be difficult, if not impossible, to quantify. The erection of the
nonconforming fence would thus cause immediate and irreparable harm to Plaintiffs by
CONDITIONS PRECEDENT
17. All conditions precedent to Plaintiffs claims against Blocks have been
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Cause No. DC-16-00812
Theodore & Carolyn Long v. Steve Block
ATTORNEYS FEES
18. Plaintiffs are entitled to their reasonable and necessary attorneys fees under
(a) Sign a temporary injunction order prohibiting Blocks, and any person acting in
concert with the Blocks from erecting any fence in the floodway easement
(b) Sign a final judgment and permanent injunction prohibiting Blocks, and any
person acting in concert with the Blocks, from erecting any fence in the floodway
easement.
(c) Grant such other relief, including damages, costs, prejudgment and post-
judgment interests, attorneys fees, and other relief to which Plaintiffs may be
entitled.
Respectfully submitted,
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