A district judge in San Patricio County approved a temporary restraining order against the Port of Corpus Christi on Jan. 15 that prevents them from moving forward with a planned dredge placement area expansion project in Ingleside.
Original Title
Temporary restraining order against Port of Corpus Christi
A district judge in San Patricio County approved a temporary restraining order against the Port of Corpus Christi on Jan. 15 that prevents them from moving forward with a planned dredge placement area expansion project in Ingleside.
A district judge in San Patricio County approved a temporary restraining order against the Port of Corpus Christi on Jan. 15 that prevents them from moving forward with a planned dredge placement area expansion project in Ingleside.
Cause No, S19: 5050 CV B
‘THE PORT OF CORPUS CHRISTI, LP
sand 361 HOLDINGS LLC
Plains
INTHE DISTRICT COURT
15%
ws in Tae _/ JUDICIAL DISTRICT
PORT OF CORPUS CHRISTI
‘AUTHORITY OF NUECES COUNTY,
‘AUTHORITY OF NUECES COUNTY,
‘TEXAS, and SEAN STRAWBRIDGE, in
his offical capacity as Chief Executive SAN PATRICIO COUNTY, TEXAS.
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{iury demanded]
‘On the date and time set forth below, the application of plaintiffs, Po
LP and 361 Holdings LLC. ("Plaintiffs"), for this ex partetempocary restraining order was heard
by the Court on Plaintiffs" verified petition, without notice to Defendants, It clearly appears from
the specific facts set forth in that verified petition that immediate and ireparable injury, los, and
‘harm will result to Plaintiffs before notice can be served on Defehdant Port of Corpus Christi
‘Authority of Nueces County Texas and Sean Stawbridge in his official capacity as Chief
Bxccutive Officer, anda hearing had, unless Defendants are immediatly restrained as requested
in Plaintiffs’ petition. ‘Specifically, (a) Paints wil lose ther property rights as described in
Plaintiffs" Verified petition by Defendants proceeding forward an the Good Hope Site project
‘including the execution ofa contract for further work thereon, without fait opportunity to protect
its property and property rights, and (b) Plant” eal property willbe damaged by contamination
thereon or the significant risk thereof, especially when the conduct ofthe Defendants is being
‘undertaken without proper permitting and govemmental authorization. Harm tothe Paint),
Page 1inasmuch as this is real property and involves environmental contamination, wil be significant if
‘his relie is mot granted. On the other hand, harm to the Defendants by issuance ofthis Order is
‘minimal given the shortness of the temporary restraining ordee period, The Cour is therefore of
the opinion tht Plaintiffs are entitled to a temporary restraining order without notice.
Accordingly, itis therefore
ORDERED thatthe clerk ofthis court immediately issue a temporary restraining order,
restraining and enjoining Defendants Port of Corpus Christi Authority of Nusces County Texas
and Sean Strawbridge in his official cdpacty as Chief Executive Officer and, their respective
‘officers, commissioners, agents, employees, anid their attomeys or other professionals, and
‘everyone working in active concert with any ofthe foregoing, from:
4. Proceeding in any manner to execute any contract forthe improvements to the Good
Hope Site as more flly identified in Exhibit “I” and "2" attached hereto; end/or
», Proceeding in any manner to commence work of any type on, or the continued delivery
of any contaminating product, including dredge or other materials, to the Good Hope
Site,
Itis further ORDERED that any acts or conduct undertaken in violation of ths temporary
restraining order shall be void and of no force and effest. ‘This includes without limitation the
cntry by Defendants into any contract to accomplish any act forbidden herein; and itis further
ORDERED that this temporary restraining order shall expire by its terms fourteen days
from the date itis signed, unless within such time, for good cause shown, iis extended fora like
‘period of time or the Defendants consent that it may be extended for a longer peiod; and
further
ORDERED that Port of Conpus Christi, LP and 361 Holdings LLC shall, prior tothe
issuance ofthe temporary restraining order bythe clo, fle with the clerk of this Court bond in
Page?the amount of 8 =
delivered or enseted by Plt) in csh or corporate surety
cme to do busines inthe Sut of Texas, payable to Defendant and conditioned asthe law
requires; and itis farther
ORDERED that Punts aplication for temporary injunction sal be efor hearing and
Jneard inthis court on January 25, 2019, at 240 o'clock f M. subject to further orders ofthis
Cot, and tis fare
ORDERED thats copy ofthis temporary restraining order may be filed in the real property
secors ofan Pticio County (ora summary thereof oa lis pendens reprding this at) however,
such ngs nota condition tothe validity, fre, an ffx of his temporery resting one,
ENTERED on January _/J~ 2019 at 4-A¥o'clock PM.
Oi sang —
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