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FILED

1 CIT-ESERVE DALLAS COUNTY


1/26/2016 5:02:23 PM
FELICIA PITRE
DISTRICT CLERK

Christi Underwood
CAUSE NO. DC-16-00812

THEODORE C. LONG and IN THE DISTRICT COURT


CAROLYN JAQUESS LONG,
Plaintiff,

V. 193RD JUDICIAL DISTRICT

STEVE BLOCK and
PATRICE SANDUSKY BLOCK
Defendants. DALLAS COUNTY, TEXAS

AMENDED PETITION AND VERIFIED APPLICATION


FOR TEMPORARY AND PERMANENT INJUNCTION

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.

TRCP 47CLAIMS FOR 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.

LEVEL 2 RULE 190.3 DISCOVERY CONTROL PLAN

2. Plaintiffs intend to pursue under Level 2.

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SERVICE

3. Steve Block, a natural person, may be served with process at 6236 Preston Creek

Drive, Dallas, Texas 75240.

4. Patrice Sandusky Block, a natural person, may be served with process at

6236 Preston Creek Drive, Dallas, Texas 75240

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.

CIV. PRAC. & REM. CODE 15.002.

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,

Texas (Restrictive Covenants).

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

the natural flow of water.

9. Dallas City Code section 51A8.611(d)(2)(D) prohibits the placement of fencing

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

Dallas County deed records.

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.

Such a structure is incompatible the subdivision.

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

prohibit erection of a nonconforming fence.

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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.

APPLICATION FOR INJUNCTIVE RELIEF

13. A temporary injunction is necessary to preserve the status quo pending trial of

this matter. A permanent injunction is necessary to prevent irreparable harm.

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

obstructing the natural flow of water.

16. A temporary injunction and permanent injunction should be issued to prevent

immediate and irreparable harm.

CONDITIONS PRECEDENT

17. All conditions precedent to Plaintiffs claims against Blocks have been

performed, have occurred, or have been waived.

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ATTORNEYS FEES

18. Plaintiffs are entitled to their reasonable and necessary attorneys fees under

Chapters 37 and 38 of the Texas Civil Practice and Remedies Code.

WHEREFORE, Plaintiffs pray that the Court,

(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

pending trial; and

(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,

/s/ Thomas M. Whelan [2016-01-26]


THOMAS M. WHELAN
Texas Bar Number 21263800
MCGUIRE CRADDOCK STROTHER PC
2501 North Harwood, Suite 1800
Dallas, Texas 75201
T: (214) 954-6800
F: (214) 954-6850
twhelan@mcslaw.com

ATTORNEYS FOR PLAINTIFFS

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