Professional Documents
Culture Documents
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The City of Dallas (the “City”), Plaintiff, files this Original Petition, Request for
Temporary Restraining Order, Request for Temporary and Permanent Injunctions, and Requests
for Disclosure against Blue Star Recycling LLC (“Blue Star Recycling”), Almira Industrial and
Trading, Corp. (“Almira”), CCR Equity Holdings Onc, LLC (“CCR Equity”), and 9505 S. Central
Expressway, in rem, Defendants, and respectfully shows the Court the following:
1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of
Civil Procedure.
2. Defendants are requested to disclose, within fifty (50) days of service of this request, the
information or material described in Rule 194.2 of the Texas Rules of Civil Procedure.
3. Pursuant to Texas Rule of Civil Procedure 196.7, the City requests entry upon the land and
premises of the properties that are the subject of this suit, which are legally described as Block
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 1
City of Dallas v. Blue Star Recycling LLC, et al.
8010, Tracts 3 and 3.1 and commonly referred to as 9505 S. Central Expressway, Dallas, Texas
(collectively, the “Property”) to inspect the Property for compliance with the Dallas City Code.
4. The Properties are controlled by Defendant Blue Star Recycling. The City specifically
seeks access to the interior, exterior and any accessory structures situated on the premises of the
Property within fifty (50) days of service of this petition or at an earlier, mutually agreed upon
time for the purposes of conducting an inspection in accordance with TRCP 196.7(c)(1). This
request is continuing in nature and Defendants are hereby notified of the City’s request to enter
the Property for the purpose of conducting an inspection to determine compliance with the Dallas
II. PARTIES
5. The City of Dallas is a home-rule municipal corporation situated mainly in Dallas County,
Texas, incorporated and operating under the laws of the State of Texas.
6. Defendant Blue Star Recycling LLC is a Texas limited liability company which controls
the real property located in Dallas County that is the subject of this suit. Service of Process may
be made upon Blue Star’s registered agent, Carl Orrell, at 501 Indian Creek Drive, Trophy Club,
7. Defendant Almira Industrial and Trading Corporation is a Texas corporation that owns the
Property, which is located in Dallas County, and that is the subject of this lawsuit. Service of
Process may be made upon Yousef Shahabi-Azad at 5141 Lawnview Avenue, Dallas, Texas 75227
or 600 North Wildwood Drive, Irving, Texas 75061, or wherever he may be found.
8. Defendant CCR Equity Holdings, Onc., LLC is a Texas entity that owns the Property,
which is located in Dallas County, and that is the subject of this lawsuit. Service of Process may
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 2
City of Dallas v. Blue Star Recycling LLC, et al.
be made upon Cabe Chadick at 1403 Windsor Drive, McKinney, Texas 75070, or wherever he
may be found.
9. The City brings this cause of action to obtain temporary and permanent injunctive relief
and recover civil penalties against Defendants pursuant to Subchapter B of Chapter 54 of the Texas
10. Venue is proper and this Court has jurisdiction pursuant to Section 54.013 of the Texas
IV. FACTS
11. Defendants own and control the Property, which is located in Southeast Dallas, near the
12. Blue Star Recycling operates a business at the Property advertising shingles recycling. See
13. On or about December 13, 2018, the City responded to a service request classified as
14. City personnel identified multiple shingle sheets in and around the creek; and upon further
investigation, they identified approximately a 15-20-foot tall, 300-foot long wall of ground-up
shingle asphalt stretching approximately 30-40 feet across the entire length of the creek. The
amount and placement of the waste resulted in near-complete blockage of the creek and City
personnel observed discharge of industrial and asphalt base material into the stormwater drainage
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 3
City of Dallas v. Blue Star Recycling LLC, et al.
15. City personnel also observed roofing shingles, roofing shingle particles, wooden pallets,
and chips of wood, industrial waste, and asphalt base being discharged into the stormwater
16. Blue Star Recycling personnel is causing the discharge of the industrial waste and other
17. Blue Star Recycling is an industrial facility, and a Texas Pollutant Discharge Elimination
System Permit (TPDES) is required to conduct the lawful activities at the Property. See id. Blue
18. The following violations of the Dallas City Code exist on the Property:
a. Discharging industrial waste into the storm sewer, in violation of Section 49-
55.7;
19. A true and correct copy of the ordinances cited above are attached. These ordinances relate
to point source effluent limitations or discharge of a pollutant, other than from a non-point source,
into a sewer system, including a sanitary or stormwater sewer system, owned or controlled by the
municipality.
20. The above conditions create a substantial risk of injury and adverse health impacts to
persons other than Defendants and to property other than that of Defendants.
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 4
City of Dallas v. Blue Star Recycling LLC, et al.
V. CAUSE OF ACTION
21. Subchapter B of Chapter 54 of the Texas Local Government Code applies to these
ordinances.
22. Pursuant to Sections 54.016 and 54.018 of the Texas Local Government Code, the City
requests that the Court issue a temporary restraining order, ordering Defendants to immediately
cease discharging pollutants, including industrial waste and asphalt base into the City’s stormwater
sewer system and to obtain all necessary permits, including a stormwater permit, and comply with
the permit conditions before continuing to operate its business at the Property.
23. Pursuant to Sections 54.016 and 54.018 of the Texas Local Government Code, the City
requests temporary and permanent injunctive relief, ordering Defendant to remedy or repair the
conditions of the Property to bring it into compliance with the Dallas City Code.
24. Pursuant to Section 54.017 of the Texas Local Government Code, the City requests the
maximum civil penalties allowed by law, per day for each violation of the ordinances.
25. The City also requests post-judgment interest and costs of court.
26. The City respectfully requests a trial by jury on all issues so triable.
WHEREFORE, PREMISES CONSIDERED, the City prays for the following relief:
and asphalt base, into the City’s stormwater sewer system; and
recycling, or any other industrial activity, without first obtaining all proper
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 5
City of Dallas v. Blue Star Recycling LLC, et al.
permits, including a stormwater permit, and adhering to the requirements
thereof.
a. the City be granted temporary and permanent injunctive relief as provided herein;
b. the City be awarded judgment for a civil penalty at the maximum allowed by law for
each violation for each day that the Property remains in violation of the Dallas City
Code;
d. the City be granted judgment for post-judgment interest at the highest legal rate; and
e. such other relief, general or special, at law or in equity, to which the City may be justly
entitled.
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 6
City of Dallas v. Blue Star Recycling LLC, et al.
Respectfully submitted,
Christopher J. Caso
Interim City Attorney
JAYLA WILKERSON
Senior Assistant City Attorney
State Bar of Texas No. 24093367
Jayla.wilkerson@dallascityhall.com
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 7
City of Dallas v. Blue Star Recycling LLC, et al.
COMPLIANCE WITH RULE 2.02
Pursuant to Rule 2.02 of the Dallas Civil District Court rules, the undersigned certifies to
the best of her knowledge that Defendant Blue Star Recycling is represented by Mr. Scott
Deatherage, and that he has been notified of this application; that Defendant CCR Equity is
represented by Victor McCall, and that he has been notified of this application; and that Defendant
Almira is represented by Alan Rosenberg. The City has notified the office of Defendant Almira’s
attorney, Mr. Rosenberg, and there is insufficient time to notify the opposing party of the
application before it needs to be heard. Further, 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
CERTIFICATE OF CONFERENCE
On December 14, 2018, counsel for the City personally spoke to counsel for Defendants
regarding the City of Dallas’s Original Petition and Request for Temporary Restraining Order,
Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 8
City of Dallas v. Blue Star Recycling LLC, et al.
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