CAUSE NO.

_________________

THE CITY OF FORT WORTH IN THE DISTRICT COURT

Plaintiff

VS. ______ JUDICIAL DISTRICT

KRISHA INVESTMENTS, INC.; ANIL
PATIDAR; 8401 WEST FREEWAY,
FORT WORTH, TEXAS, ALSO KNOWN
AS KNIGHTS INN (IN REM),

Defendants. TARRANT COUNTY, TEXAS

CITY OF FORT WORTHS ORIGINAL PETITION FOR ABATEMENT OF A

COMMON NUISANCE AND REQUEST FOR A PERMANENT INJUNCTION

TO THE HONORABLE COURT:

PLAINTIFF, CITY OF FORT WORTH, TEXAS, hereinafter referred to as City or

City of Fort Worth brings this action against Defendants, Krisha Investments, Inc., Anil

Patidar, and 8401 West Freeway, Fort Worth, Texas, also known as Knights Inn (in rem) seeking

to abate a common nuisance. Defendants own, operate, and maintain a place to which persons

habitually go to commit criminal activity, and have knowingly tolerated such activity. Further,

Defendants have failed to make reasonable attempts to abate the habitual criminal activity related

to the property. Therefore, the City now seeks to abate this common nuisance, and for its cause

of action would respectfully show the following:

I. DISCOVERY

1.1 Plaintiff affirmatively pleads the Level III Discovery Plan as per Rule 190.4 of the

Texas Rules of Civil Procedure.

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 1

 II. PARTIES

2.1 Plaintiff, City of Fort Worth, is a home rule municipal corporation situated in

Tarrant County, Texas, duly incorporated pursuant to the Constitution and laws of the State of

Texas and the Charter of the City of Fort Worth adopted December 11, 1924 and as amended. As

a municipal corporation, the City does not have a drivers license or social security number.

2.2 Defendant, Krisha Investments, Inc. is a domestic for-profit corporation doing

business in Texas and may be served with process by serving its registered agent for service,

Anil Patidar, at 1551 University Dr., Fort Worth, Texas 76107 or at 4667 Sidonia Ct., Fort

Worth, Texas 76126 or wherever he may be located. Krisha Investments, Inc. is the owner of

8401 West Freeway, Fort Worth, Texas 76116 also known as Knights Inn.

2.3 Defendant, Anil Patidar, is an individual residing in Tarrant County, Texas and

may be served with process at 1551 University Dr., Fort Worth, Texas 76107 or at 4667 Sidonia

Ct., Fort Worth, Texas 76126 or wherever he may be located. Anil Patidar is the President and

Director of Krisha Investments, Inc. and, as such, is a person who maintains, owns, uses or is a

party to the use of 8401 West Freeway, Fort Worth, Texas also known as the Knights Inn.

2.4 Defendant, 8401 West Freeway, Fort Worth, Texas, also known as Knights Inn is

a tract of land with improvements thereon located in Fort Worth, Tarrant County, Texas and is

being sued in rem as allowed by 125.002(b), Texas Civil Practice and Remedies Code. 8401

West Freeway, Fort Worth, Texas, also known as Knights Inn, may be served with process by

serving its owner, Krisha Investments, Inc. through its registered agent for service, Anil Patidar,

at 1551 University Dr., Fort Worth, Texas 76107 or at 4667 Sidonia Ct., Fort Worth, Texas

76126 or wherever he may be located.

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 2

 III. JURISDICTION AND VENUE

3.1 This is a suit to abate a common nuisance brought pursuant to Chapter 125, Texas

Civil Practice and Remedies Code (CPRC). This court has jurisdiction pursuant to Section

125.002(a), CPRC, and Section 24.008, Texas Government Code. Venue is proper in Tarrant

County pursuant to Section 125.002, CPRC, because Tarrant County is the county in which the

common nuisance is alleged to exist.

IV. FACTS

4.1 The Knights Inn is a motel and multiunit residential property located at 8401

West Freeway, Fort Worth, Texas. It is further identified on the tax rolls of Tarrant County,

Texas as Block 96 Lot 2AR Western Hills Add. Sec. III-VIII. Built in 1979 1, the Knights Inn is

generally located on the south side of the West Freeway (Interstate Highway 30) and to the east

of Interstate Highway 820. In its vicinity are other motels, apartment communities, businesses,

and schools 2. Over the past two years there have been numerous allegations of criminal activity

taking place on the property including, but not limited to, aggravated assault, forced sexual

assault, narcotics violations, public intoxication, robbery, simple assault, and weapon law

violations.

4.2 Defendants have failed to make any reasonable attempts to abate this habitual

criminal activity. Every day this common nuisance operates innocent citizens who live in, or

around this property are put at risk. The City would show that the conditions caused by the crime

at the property have an adverse effect on the community and are a drain on City police services.

Unless enjoined to cease and desist, the Defendants will continue to allow criminal acts to occur

1
According to Tarrant Appraisal District Records
2
Western Hills Elementary School and Western Hills Primary School are located to the southeast of Knights Inn.

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 3

on the premises at Knights Inn. Therefore, the City of Fort Worth brings this suit pursuant to

Chapter 125 of the CPRC to abate this common nuisance.

V. CAUSE OF ACTION

5.1 The City incorporates and adopts by reference the allegations contained in each

and every preceding paragraph.

5.2 Texas Civil Practice and Remedies Code (CPRC), 125.0015 (a) provides that a

person who maintains a place to which persons habitually go for the purpose of committing

certain enumerated criminal offenses and who knowingly tolerates the activity and furthermore

fails to make reasonable attempts to abate the activity maintains a common nuisance. The types

of criminal offenses enumerated under section 125.0015(a), include the types of offenses

habitually committed at Knights Inn. These offenses include, but are not limited to, the

following:

Delivery, possession, manufacture or use of a controlled substance in violation of Chapter

481, Texas Health and Safety Code. On August 28, 2016, Fort Worth police officers

observed a suspect loitering in the parking lot of Knights Inn. A consensual search

revealed that he was in possession of crystal methamphetamine.

Delivery, possession, manufacture or use of a controlled substance in violation of Chapter

481, Texas Health and Safety Code. On March 8, 2017, Fort Worth police officers

observed a suspicious vehicle in the parking lot of Knights Inn. A search of the vehicle

revealed the driver was in possession of methamphetamine.

Delivery, possession, manufacture or use of a controlled substance in violation of Chapter

481, Texas Health and Safety Code. On March 9, 2017, Fort Worth police officers

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 4

 observed a suspicious person on the premises of Knights Inn. A search of the suspect

revealed that he was in possession of cocaine.

Delivery, possession, manufacture or use of a controlled substance in violation of Chapter

481, Texas Health and Safety Code. On May 16, 2017, Fort Worth police officers

observed a suspect hidden on the premises of Knights Inn. A search of the suspect

revealed that he was in possession of methamphetamine.

Robbery as described by Section 29.02 of the Texas Penal Code. On May 31, 2017, the

victim was robbed at gun point on the premises of Knights Inn.

Aggravated robbery as described by Section 29.03 of the Texas Penal Code. On October

28, 2017, the victim was robbed at gun point in the parking lot of Knights Inn.

Delivery, possession, manufacture, or use of a controlled substance in violation of

Chapter 481, Texas Health and Safety Code. On November 9, 2017, Fort Worth police

officers observed a drug deal take place in the parking lot of the property.

5.3 Section 125.0015 (b), CPRC, provides that a person maintains a common

nuisance if the person maintains a multiunit residential property to which persons habitually go

to commit acts listed in Subsection (a) and knowingly tolerates the acts and furthermore fails to

make reasonable attempts to abate the acts.

5.4 Section 125.004(a), CPRC, provides that proof that an activity described by

Section 125.0015 is frequently committed at the place involved or that the place is frequently

used for an activity described by Section 125.0015 is prima facie evidence that the defendant

knowingly tolerated the activity.

5.5 Section 125.004(b), CPRC, provides that evidence that persons have been arrested

for or convicted of offenses for an activity described by Section 125.0015 in the place involved

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 5

is admissible to show knowledge on the part of the defendant with respect to the act that

occurred. The originals or certified copies of the papers and judgments of those arrests or

convictions are admissible in the suit for injunction, and oral evidence is admissible to show that

the offense for which a person was arrested or convicted was committed at the place involved.

5.6 Section 125.004(c), CPRC, provides that evidence of the general reputation of the

place involved is admissible to show the existence of the nuisance.

5.7 Section 125.002, CPRC, authorizes the City to bring suit to enjoin and abate a

common nuisance against any person who maintains, owns, uses or is a party to the use of a

place for purposes constituting a nuisance and further authorizes the City to bring suit, in rem,

against the property itself.

5.8 The City would show that Knights Inn is a motel and a multiunit residential

property, to which persons habitually go to commit one or more of the criminal acts enumerated

in Section 125.0015, CPRC, and the Defendants knowingly tolerated and failed to make

reasonable attempts to abate that activity. Therefore, Knights Inn is a common nuisance as

described by statute and the City is entitled to all relief provided by Chapter 125, CPRC

including, but not limited to, an order of the Court that the Knights Inn be closed for one year

after the date of judgment.

VI. REQUEST FOR A PERMANENT INJUNCTION

6.1 The City incorporates and adopts by reference the allegations contained in each

and every preceding paragraph.

6.2 As alleged above, Defendants knowingly maintain a place to which persons

habitually go and engage in illegal activity. As such, the property constitutes a common

nuisance under Section 125.0015 of the Civil Practice & Remedies Code.

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 6

 6.3 Defendants have failed or refused to abate the nuisance. Defendants are likely to

continue to maintain and use, and be party to the maintenance and use the property as a common

nuisance unless restrained by an injunctive order of this Court.

6.4 Unless Defendants are enjoined from maintaining and using the property as a

common nuisance, irreparable harm will be suffered by the citizens of Fort Worth, Texas. The

City of Fort Worth has no other adequate remedy at law to prevent the continued maintenance

and use of the property as a common nuisance.

6.5 The consequences of the above-described unlawful activities at the property, as

well as the foreseeable resulting criminal activity associated with these acts, would proximately

cause a person of ordinary sensibilities to be substantially frightened, discomforted, annoyed and

inconvenienced in the use of any premises surrounding the property, as well as persons generally

being concerned for their own safety and well-being.

6.6 Based on Section 125.002(e) of the Texas Civil Practice & Remedies Code, if the

judgment is in favor of the City, the Court must order that the property be closed for one year

after the date of the judgment.

6.7 Because the City of Fort Worth brings this action in rem, the judgment shall be a

judgment in rem against the property as well as against the Defendants.

6.8 Based on the foregoing, the City of Fort Worth requests that the property be

permanently enjoined from being operated and maintained as a common nuisance.

VII. ATTORNEYS FEES

7.1 It was necessary to secure the services of three Assistant City Attorneys from the

Fort Worth City Attorneys Office to litigate this cause of action to enjoin and abate the common

nuisance being maintained on the property. Based on Sections 125.003 and 125.068 of the Texas

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 7

Civil Practice & Remedies Code, the City requests the Defendants be ordered to pay reasonable

attorneys fees and costs, including investigative costs, witness fees, court costs and deposition

fees.

VIII. PRAYER

THEREFORE, the City prays that it have judgment in its favor and that it be granted the

following relief as provided by Chapter 125, CPRC:

1. That the Court set this cause for a permanent injunction trial on the merits.

2. That, upon final hearing, the Court renders judgment in favor of the City
granting an injunction ordering the defendants to abate the nuisance and
enjoining them from maintaining or participating in the nuisance and,
further, ordering reasonable requirements to prevent the use or
maintenance of 8401 West Freeway, also known as Knights Inn, as a
nuisance.

3. That the Court further order that 8401 West Freeway, also known as
Knights Inn, be mandatorily closed for a period of one year, as provided
by Section 125.002, CPRC, or, in the alternative, that a receiver be
appointed to manage the property for a period of one year in accordance
with Section 125.046, CPRC.

4. That the City be awarded its costs of suit and attorney fees as provided by
the Texas Civil Practices & Remedies Code Annotated 125.003.

5. That the City have such other relief to which it may be entitled.

Respectfully submitted,

/s/ Harvey L. Frye, Jr.

Harvey L. Frye, Jr.
Assistant City Attorney
State Bar No. 07496500
Harvey.Frye@fortworthtexas.gov

Christopher. B. Mosley
Sr. Assistant City Attorney
State Bar No. 00789505
Chris.Moslev@fortworthtexas.gov

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 8

 Benjamin J. Sampract
Assistant City Attorney
State Bar No. 24053460
Benjamin.Sampract@fortworthtexas.gov

Attorneys for Plaintiff

City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
TEL: (817) 392-7600
FAX: (817) 392-8359

CITY OF FORT WORTH'S ORIGINAL PETITION Krisha Investments, Inc., et al Page 9