Preview
3/31/2023 1:30 PM
Marilyn Burgess - District Clerk Harris County
2023-20981 / Court: 127 Srey. Adan Sol
Filed: 3/31/2023 1:30 PM
CAUSE NO.
THE CITY OF HOUSTON, IN THE DISTRICT COURT
Plaintiff,
Vv.
OF HARRIS COUNTY, TEXAS
GABINO CHANES RAMIREZ and
SOFIA PAREDES-JAVIER
Defendants.
MMMM MmM MN
JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION FOR PERMANENT INJUNCTION
TO THE HONORABLE JUDGE OF THIS COURT:
The City of Houston (“City”) files this Original Petition complaining of Gabino
Chanes Ramirez and Sofia Paredes-Javier (“Defendants”), and would show the Court the
following:
A. Discovery Control Plan
1. The City intends to conduct discovery in this matter under Discovery Control Plan
Level 2, as described in Tex. R. Civ. P. 190.3.
B. Parties
2. The City is a home rule municipal corporation duly organized under the laws of
the State of Texas.
3. Gabino Chanes Ramirez is an individual who resides in Harris County, Texas, and
may be served with process at 12537 Zavalla Street, Houston, Texas 77085, or any place
he may be found.
City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier
Plaintiffs Original Petition for Permanent Injunction
Page 1 of 64. Sofia Paredes-Javier is an individual who resides in Harris County, Texas, and
may be served with process at 12537 Zavalla Street, Houston, Texas 77085, or any
place she may be found.
C. Jurisdiction and Venue
5. Pursuant to Tex. Loc. Gov't Code § 54.013 and Hous., Tex., Code of Ordinances
ch. 10, art. XV, § 10-553, jurisdiction and venue in this case are proper in Harris County,
Texas, because Harris County is the county in which the municipality bringing this action
is located.
D. Facts
6. The subject property, located at 12537 Zavalla Street, Houston, Texas 77085
(“Property”) is described as Lot Eleven (11) in Block Four (4) of the South Main Estates
Subdivision (“Subdivision”).
7. The Subdivision, a duly authorized residential subdivision developed pursuant to
Chapter 212 of the Tex. Loc. Gov't Code or its predecessor, created and filed deed
restrictions relating to the Property on February 16, 1949, in the First Deed Out beginning
at instrument Volume 1885, Page 631 et seq. of the Real Property Records of Harris
County, Texas. The deed restrictions are currently in full force and effect.
8. Defendants are the owners of the Property.
9. The Property is subject to the above-referenced restrictions. The relevant portion
of the deed restrictions states as follows:
3. No business shall be conducted on any of the lots and each lot shall be
used as a residence.
7. These restrictions and covenants are to run with the land and shall be
binding on all of the parties and all persons until July 1, 1972, at which time
such covenants shall be automatically extended for successive periods of
City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier
Plaintiff's Original Petition for Permanent Injunction
Page 2 of 6ten years, unless, by vote of the majority of the then owners of the lots, it is
agreed to change the covenants or restrictions in whole or in part.
10. Defendants operate a business (Chanes Tree Service) and park and/or store
commercial and business vehicles and equipment (dump truck, flatbed truck, Bobcat
earth-moving device, CAT motorized trenching machine, and several trailers) on the
Property in violation of the “residential purposes only” provision established in the deed
restrictions. In a suit filed to enforce deed restrictions, it is not a defense that the activity
is incidental to the residential use of the property when the suit alleges any of the following
activities violates a restriction limiting property to residential use: storing a tow truck,
crane, moving van or truck, dump truck, cement mixer, earth-moving device or trailer
longer than 20 feet. TEX. LOC. GOV'T CODE § 212.153 (d).
11. On August 15, 2022, the City notified Defendants of the deed restriction violation
in a letter sent by both regular and certified mail, return receipt requested, pursuant to
Tex. Loc. Gov't Code § 54.017. A true and correct copy of the notice letter is attached
hereto as Exhibit A and fully incorporated herein.
12. Defendants continue to violate the deed restrictions despite notice of the violation.
E. Permanent Injunction
13. Pursuant to Tex. Loc. Gov't Code §§ 54.012, 212.153 and Hous., Tex., Code of
Ordinances ch. 10, art. XV, §10-552, the City is authorized to enforce, by suit for
injunction, restrictive covenants that affect subdivisions within the City’s limits. To be
entitled to a permanent injunction, as here, the City must plead and prove (1) a wrongful
act; (2) imminent harm; (3) irreparable injury; and, (4) no adequate remedy at law. Jordan
v. Landry’s Seafood Rest., Inc., 89 S.W.3d 737, 742 (Tex. App.—Houston [1st Dist.] 2002,
pet. denied). Because the City is seeking to enforce a restrictive covenant, it is not
City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier
Plaintiff's Original Petition for Permanent Injunction
Page 3 of 6required to prove irreparable injury. Jim Rutherford Invs. v. Terramar Beach Cmty. Ass'n,
25 S.W.3d 845, 849 (Tex. App.—Houston [14th Dist.] 2000, pet. denied). Additionally,
because the City is seeking to enjoin the violation of an ordinance, the City is not required
to prove it has no other adequate remedy at law. Butnaru v. Ford Motor Co., 84 S.W.3d
198 at 210 (Tex. 2002).
14. The City seeks a permanent injunction ordering Defendants to comply with the
“residential purposes only” provision in the deed restrictions, as well as to cease the
operation of a business and the storage of commercial vehicles at the Property. Unless
the Court enters a permanent injunction granting relief as sought by the City and ordering
Defendants to comply with the restrictive covenants on the Property, imminent harm will
be suffered.
15. In consideration of the foregoing, the City requests a permanent injunction
enjoining Defendants from violating the applicable deed restrictions.
F. Notice
16. The deed restrictions applicable to Defendants’ Property were properly recorded
in the Harris County Deed Records; therefore, Defendants have notice of the restrictions.
“An instrument that is properly recorded in the proper county is notice to all persons of
the existence of the instrument.” Tex. Prop. Code Ann. §13.002 (West 2014).
17. Despite receiving notice, Defendants continue to violate the applicable deed
restrictions and Hous., Tex., Code of Ordinances, ch. 10, art. XV, § 10-552 (1985).
G. Civil Penalties
18. The City properly notified Defendants of the deed restriction violation. Any violation
of deed restrictions after Defendants’ receipt of actual notice subjects Defendants to civil
City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier
Plaintiff's Original Petition for Permanent Injunction
Page 4 of 6penalties of up to One Thousand Dollars ($1,000.00) per day, pursuant to Tex. Loc. Gov't
Code §§ 54.017, 212.156(b) et seq. and Hous., Tex., Code of Ordinances ch. 10, art. XV,
§10-552.
H. Prayer
19. For these reasons, the City asks that:
A. Defendants be cited to appear and answer this Petition;
B. On a full and final hearing on this cause, Defendants be permanently
enjoined from violating the residential purposes provision in the deed
restrictions and from the commercial use of the Property;
Cc. On a full and final hearing on this cause, Defendants be permanently
enjoined from operating Chanes Tree Services or any other business on the
Property;
D. On a full and final hearing on this cause, Defendants be permanently
enjoined from storing or allowing the storage of a dump truck, flatbed truck,
Bobcat earth-moving device, CAT motorized trenching machine, and
trailers or any other commercial vehicle on the Property, which may or may
not be used in the operation of any business or commercial enterprise;
E. The City recover a civil penalty of one thousand dollars ($1,000.00) per day
for the violation of the restrictions, as provided for by Tex. Loc. Gov't Code
§§ 54.017, 212.156(b) et seq. and Hous., Tex., Code of Ordinances ch. 10,
art. XV, §10-552;
F. The City be awarded attorney's fees and court costs pursuant to Tex. Prop.
Code § 5.006; and,
City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier
Plaintiff's Original Petition for Permanent Injunction
Page 5 of 6G. The City be awarded all such other relief at law and in equity as this Court
may deem just.
Respectfully submitted,
ARTURO G. MICHEL
City Attorney
DAMON A. CRENSHAW
Chief, Neighborhood Services Section
By: /s/ Yolanda L. Woods
Yolanda L. Woods
Senior Assistant City Attorney
TBN: 21968450
900 Bagby, 3rd Floor
Houston, Texas 77002
(832) 393-6275 Phone
(832) 393-6259 Fax
Yolanda.Woods@houstontx.gov
ATTORNEYS FOR PLAINTIFF,
THE CITY OF HOUSTON
City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier
Plaintiff's Original Petition for Permanent Injunction
Page 6 of 6Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Vanessa Birdow on behalf of Yolanda Woods
Bar No. 21968450
Vanessa. Birdow@houstontx.gov
Envelope ID: 74221305
Filing Code Description: Petition
Filing Description: Plaintiff's Original Petition for Permanent Injunction
Status as of 3/31/2023 2:34 PM CST
Associated Case Party: City of Houston
Nirja S.Aiyer | Nirja.Aiyer@houstontx.gov 3/31/2023 1:30:13 PM | SENT
Damon ACrenshaw | damon.crenshaw@houstontx.gov | 3/31/2023 1:30:13 PM | SENT
Yolanda L.Woods | yolanda.woods@houstontx.gov | 3/31/2023 1:30:13 PM | SENT
Preview
3/31/2023 1:30 PM Marilyn Burgess - District Clerk Harris County 2023-20981 / Court: 127 Srey. Adan Sol Filed: 3/31/2023 1:30 PM CAUSE NO. THE CITY OF HOUSTON, IN THE DISTRICT COURT Plaintiff, Vv. OF HARRIS COUNTY, TEXAS GABINO CHANES RAMIREZ and SOFIA PAREDES-JAVIER Defendants. MMMM MmM MN JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION FOR PERMANENT INJUNCTION TO THE HONORABLE JUDGE OF THIS COURT: The City of Houston (“City”) files this Original Petition complaining of Gabino Chanes Ramirez and Sofia Paredes-Javier (“Defendants”), and would show the Court the following: A. Discovery Control Plan 1. The City intends to conduct discovery in this matter under Discovery Control Plan Level 2, as described in Tex. R. Civ. P. 190.3. B. Parties 2. The City is a home rule municipal corporation duly organized under the laws of the State of Texas. 3. Gabino Chanes Ramirez is an individual who resides in Harris County, Texas, and may be served with process at 12537 Zavalla Street, Houston, Texas 77085, or any place he may be found. City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier Plaintiffs Original Petition for Permanent Injunction Page 1 of 64. Sofia Paredes-Javier is an individual who resides in Harris County, Texas, and may be served with process at 12537 Zavalla Street, Houston, Texas 77085, or any place she may be found. C. Jurisdiction and Venue 5. Pursuant to Tex. Loc. Gov't Code § 54.013 and Hous., Tex., Code of Ordinances ch. 10, art. XV, § 10-553, jurisdiction and venue in this case are proper in Harris County, Texas, because Harris County is the county in which the municipality bringing this action is located. D. Facts 6. The subject property, located at 12537 Zavalla Street, Houston, Texas 77085 (“Property”) is described as Lot Eleven (11) in Block Four (4) of the South Main Estates Subdivision (“Subdivision”). 7. The Subdivision, a duly authorized residential subdivision developed pursuant to Chapter 212 of the Tex. Loc. Gov't Code or its predecessor, created and filed deed restrictions relating to the Property on February 16, 1949, in the First Deed Out beginning at instrument Volume 1885, Page 631 et seq. of the Real Property Records of Harris County, Texas. The deed restrictions are currently in full force and effect. 8. Defendants are the owners of the Property. 9. The Property is subject to the above-referenced restrictions. The relevant portion of the deed restrictions states as follows: 3. No business shall be conducted on any of the lots and each lot shall be used as a residence. 7. These restrictions and covenants are to run with the land and shall be binding on all of the parties and all persons until July 1, 1972, at which time such covenants shall be automatically extended for successive periods of City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier Plaintiff's Original Petition for Permanent Injunction Page 2 of 6ten years, unless, by vote of the majority of the then owners of the lots, it is agreed to change the covenants or restrictions in whole or in part. 10. Defendants operate a business (Chanes Tree Service) and park and/or store commercial and business vehicles and equipment (dump truck, flatbed truck, Bobcat earth-moving device, CAT motorized trenching machine, and several trailers) on the Property in violation of the “residential purposes only” provision established in the deed restrictions. In a suit filed to enforce deed restrictions, it is not a defense that the activity is incidental to the residential use of the property when the suit alleges any of the following activities violates a restriction limiting property to residential use: storing a tow truck, crane, moving van or truck, dump truck, cement mixer, earth-moving device or trailer longer than 20 feet. TEX. LOC. GOV'T CODE § 212.153 (d). 11. On August 15, 2022, the City notified Defendants of the deed restriction violation in a letter sent by both regular and certified mail, return receipt requested, pursuant to Tex. Loc. Gov't Code § 54.017. A true and correct copy of the notice letter is attached hereto as Exhibit A and fully incorporated herein. 12. Defendants continue to violate the deed restrictions despite notice of the violation. E. Permanent Injunction 13. Pursuant to Tex. Loc. Gov't Code §§ 54.012, 212.153 and Hous., Tex., Code of Ordinances ch. 10, art. XV, §10-552, the City is authorized to enforce, by suit for injunction, restrictive covenants that affect subdivisions within the City’s limits. To be entitled to a permanent injunction, as here, the City must plead and prove (1) a wrongful act; (2) imminent harm; (3) irreparable injury; and, (4) no adequate remedy at law. Jordan v. Landry’s Seafood Rest., Inc., 89 S.W.3d 737, 742 (Tex. App.—Houston [1st Dist.] 2002, pet. denied). Because the City is seeking to enforce a restrictive covenant, it is not City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier Plaintiff's Original Petition for Permanent Injunction Page 3 of 6required to prove irreparable injury. Jim Rutherford Invs. v. Terramar Beach Cmty. Ass'n, 25 S.W.3d 845, 849 (Tex. App.—Houston [14th Dist.] 2000, pet. denied). Additionally, because the City is seeking to enjoin the violation of an ordinance, the City is not required to prove it has no other adequate remedy at law. Butnaru v. Ford Motor Co., 84 S.W.3d 198 at 210 (Tex. 2002). 14. The City seeks a permanent injunction ordering Defendants to comply with the “residential purposes only” provision in the deed restrictions, as well as to cease the operation of a business and the storage of commercial vehicles at the Property. Unless the Court enters a permanent injunction granting relief as sought by the City and ordering Defendants to comply with the restrictive covenants on the Property, imminent harm will be suffered. 15. In consideration of the foregoing, the City requests a permanent injunction enjoining Defendants from violating the applicable deed restrictions. F. Notice 16. The deed restrictions applicable to Defendants’ Property were properly recorded in the Harris County Deed Records; therefore, Defendants have notice of the restrictions. “An instrument that is properly recorded in the proper county is notice to all persons of the existence of the instrument.” Tex. Prop. Code Ann. §13.002 (West 2014). 17. Despite receiving notice, Defendants continue to violate the applicable deed restrictions and Hous., Tex., Code of Ordinances, ch. 10, art. XV, § 10-552 (1985). G. Civil Penalties 18. The City properly notified Defendants of the deed restriction violation. Any violation of deed restrictions after Defendants’ receipt of actual notice subjects Defendants to civil City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier Plaintiff's Original Petition for Permanent Injunction Page 4 of 6penalties of up to One Thousand Dollars ($1,000.00) per day, pursuant to Tex. Loc. Gov't Code §§ 54.017, 212.156(b) et seq. and Hous., Tex., Code of Ordinances ch. 10, art. XV, §10-552. H. Prayer 19. For these reasons, the City asks that: A. Defendants be cited to appear and answer this Petition; B. On a full and final hearing on this cause, Defendants be permanently enjoined from violating the residential purposes provision in the deed restrictions and from the commercial use of the Property; Cc. On a full and final hearing on this cause, Defendants be permanently enjoined from operating Chanes Tree Services or any other business on the Property; D. On a full and final hearing on this cause, Defendants be permanently enjoined from storing or allowing the storage of a dump truck, flatbed truck, Bobcat earth-moving device, CAT motorized trenching machine, and trailers or any other commercial vehicle on the Property, which may or may not be used in the operation of any business or commercial enterprise; E. The City recover a civil penalty of one thousand dollars ($1,000.00) per day for the violation of the restrictions, as provided for by Tex. Loc. Gov't Code §§ 54.017, 212.156(b) et seq. and Hous., Tex., Code of Ordinances ch. 10, art. XV, §10-552; F. The City be awarded attorney's fees and court costs pursuant to Tex. Prop. Code § 5.006; and, City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier Plaintiff's Original Petition for Permanent Injunction Page 5 of 6G. The City be awarded all such other relief at law and in equity as this Court may deem just. Respectfully submitted, ARTURO G. MICHEL City Attorney DAMON A. CRENSHAW Chief, Neighborhood Services Section By: /s/ Yolanda L. Woods Yolanda L. Woods Senior Assistant City Attorney TBN: 21968450 900 Bagby, 3rd Floor Houston, Texas 77002 (832) 393-6275 Phone (832) 393-6259 Fax Yolanda.Woods@houstontx.gov ATTORNEYS FOR PLAINTIFF, THE CITY OF HOUSTON City of Houston vs. Gabino Chanes Ramirez and Sofia Paredes-Javier Plaintiff's Original Petition for Permanent Injunction Page 6 of 6Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Vanessa Birdow on behalf of Yolanda Woods Bar No. 21968450 Vanessa. Birdow@houstontx.gov Envelope ID: 74221305 Filing Code Description: Petition Filing Description: Plaintiff's Original Petition for Permanent Injunction Status as of 3/31/2023 2:34 PM CST Associated Case Party: City of Houston Nirja S.Aiyer | Nirja.Aiyer@houstontx.gov 3/31/2023 1:30:13 PM | SENT Damon ACrenshaw | damon.crenshaw@houstontx.gov | 3/31/2023 1:30:13 PM | SENT Yolanda L.Woods | yolanda.woods@houstontx.gov | 3/31/2023 1:30:13 PM | SENT