Preview
3/15/2024 1:58 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 85610128
2024-16935 / Court: 133 By: Auto Clerk
Filed: 3/15/2024 1:58 PM
SUIT NO.
CITY OF HOUSTON, ET AL IN THE DISTRICT COURT
VS. JUDICIAL DISTRICT
ROBERT STAGGERS, JR., ET AL HARRIS COUNTY, TEXAS
ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT
I
PLAINTIFE(S)
This suit is brought for the recovery of delinquent ad valorem taxes under TEX. TAX CODE §
33.41 by the following named Plaintiff(s), whether one or more, each of which is a taxing unit and is
legally constituted and authorized to impose and collect taxes on property:
CITY OF HOUSTON, HOUSTON INDEPENDENT SCHOOL DISTRICT and HOUSTON
COMMUNITY COLLEGE SYSTEM
The Plaintiff(s) intends discovery to be conducted under Level 2 of Rule 190, Texas Rules of
Civil Procedure.
DEFENDANT(S)
The following are named as Defendant(s) in this suit, and they may be served with notice of
these claims by service of citation at the address and in the manner shown as follows
Robert Staggers, Jr., 8805 Roane St., Houston, TX 77028;
Kenneth R. Riley, 12931 Cambridge Eagle Dr., Houston, TX 77044;
Byron L. Riley, 3107 Bonney Briar Dr., Missouri City, TX 77459;
Marcellus Riley (Deceased)
If any party is shown at an unknown address, the Defendant(s) include such person’s unknown
heirs, successors and assigns, whose identity and location are unknown, unknown owners, such
unknown owner’s heirs, successors and assigns, and any and all other persons, including adverse
claimants, owning or having or claiming any legal or equitable interest in or lien upon the property
which is the subject of the delinquent tax claim in this case.
The following taxing unit(s), whether one or more, is joined as a party herein as required by
TEX. TAX CODE § 33.44(a) because it may have a claim and lien for delinquent taxes against all or part
of the same property described below: HARRIS COUNTY, and for certain county-wide taxing
authorities which are the Harris County Department of Education, the Port of Houston
Authority of Harris County, the Harris County Flood Control District, and the Harris County
Hospital District, all of which are included within the references to Harris County made herein
and GREATER NORTHSIDE MANAGEMENT DISTRICT. The foregoing named taxing unit(s),
if any, is invited to add its claim by intervening herein.
IL
Claims for all taxes becoming delinquent on said property at any time subsequent to the filing
of this suit, up to the day of judgment, including all penalties, interest, attorney’s fees, and costs on
same, are incorporated in this suit, and Plaintiff(s) is entitled to recover the same, upon proper proof,
without further citation or notice. Plaintiff(s) is further entitled to recover each penalty that is incurred
and all interest that accrues on all delinquent taxes imposed on the property from the date of judgment
to the date of sale.
il.
As to each separately described property shown below, there are delinquent taxes, penalties,
interest, and costs justly due, owing and unpaid to Plaintiff(s) for the tax years and in the amounts as
follows, if paid in March, 2023:
PROPERTY AND AMOUNTS OWED
ACCT. NO.0091380000001; Lot One (1), Of Block Eighteen (18), Of Chapmans 2nd Addition, A
Subdivision In Harris County, Texas, According To The Map Or Plat Thereof, Recorded In
Volume Y, Page 518 Of The Deed Records Of Harris County, Texas.
CITY OF HOUSTON
Tax Year(s) Tax Amount Penalties and Interest Total Due
2022 $383.39 $196.29 $579.68
2023 $488.30 $123.79 $612.09
TOTALS: $871.69 $320.08 $1,191.77
HOUSTON INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2022 $745.17 $381.52 $1,126.69
2023 $816.64 $207.02 $1,023.66
TOTALS: $1,561.81 $588.54 $2,150.35
HOUSTON COMMUNITY COLLEGE SYSTEM
Tax Year(s) Tax Amount Penalties and Interest Total Due
2022 $68.66 $35.15 $103.81
2023 $86.74 $21.99 $108.73
TOTALS: $155.40 $57.14 $212.54
TOTAL DUE $3,554.66
The total aggregate amount of taxes, penalties, interest, and attorney’s fees (if any) for which
Plaintiff(s) sues is $3,554.66, subject to additional taxes, penalties, interest, and attorney’s fees that
accrue subsequent to the filing of this petition
HOU New Petition Real Only Page 2 Suit No.
IV.
All of the taxes were authorized by law and legally imposed in the county in which this suit is
brought. The taxes were imposed in the amount(s) stated above on each separately described property
for each year specified and on each person named, if known, who owned the property on January 1 of
the year for which the tax was imposed. Plaintiff(s) now has and asserts a lien on each tract of real
property and each item of personal property described herein to secure the payment of all taxes,
penalties, interest and costs due. Pursuant to Rule 54 of the Texas Rules of Civil Procedure,
Plaintiff(s) affirmatively avers that all things required by law to be done have been done properly by
the appropriate officials and all conditions precedent have been met
Vv.
All of the property described above was, at the time the taxes were assessed, located within the
erritorial boundaries of each taxing unit in whose behalf this suit is brought. All Defendants named in
this suit either owned the property that is the subject of this suit on January 1 of the year in which taxes
were imposed on said property, or owned or claimed an interest in or lien upon said property at the
time of the filing of this suit. The value of any personal property that may be described above, and
against which the tax lien is sought to be enforced, is in excess of FIVE HUNDRED AND NO/100
DOLLARS ($500.00).
VI.
The Law Firm represented by the attorney whose name is signed hereto is legally authorized
and empowered to institute and prosecute this action on behalf of Plaintiff(s). Plaintiff(s) should
recover attorney's fees as provided by law for the prosecution of this case, and such attorney's fees
should be taxed as costs.
VIL
Plaintiff(s) may have incurred certain expenses in the form of abstractor’s costs in procuring
data and information as to the name, identity and location of necessary parties, and in procuring
necessary legal descriptions of the property that is the subject of this suit. Said expenses, if incurred,
are reasonable and are in the following amount: $350.00. The abstractor's costs, if any be shown,
should be taxed as costs herein.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff(s) requests that citation be issued and
served upon each Defendant named herein, commanding them to appear and answer herein in the time
and manner required by law. Plaintiff(s) further prays, upon final hearing in this cause, for foreclosure
of its liens against the above-described property securing the total amount of all delinquent taxes,
penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency
of this suit, costs of court, attorney's fees, abstract fees, and expenses of foreclosure sale. Plaintiff(s)
further prays for personal judgment against Defendant(s) who owned the property on January 1 of the
year for which the taxes were imposed for all taxes, penalties, interest, and costs that are due or will
become due on the property, together with attorney's fees and abstractor's fees. Plaintiff(s) further
prays for: (1) the appropriate order of sale requiring the foreclosed property to be sold, free and clear of
any right, title or interest owned or held by any of the named Defendants, at public auction in the
manner prescribed by law, and (2) writs of execution, directing the sheriffs and constables for the State
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of Texas, to search out, seize, and sell sufficient property of the Defendant(s) against whom personal
judgment may be awarded to satisfy the lawful judgment sought herein. Finally, Plaintiff(s) prays for
such other and further relief, at law or in equity, to which it may show itself justly entitled. However,
Plaintiff(s) do not pray for personal judgment against any defendant(s) identified in paragraph I as IN
REM ONLY. Plaintiff(s) pray for costs of court and for such other and further relief, at law or in
equity, to which they may show themselves justly entitled
Respectfully submitted,
LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
PO Box 3064
Houston, TX 77253-3064
(713) 844-3580, (713) 844-3502 - Fax
Damon D. Edwards
Damon.Edwards@lgbs.com
State Bar No. 24027156
Angelica M. Hernandez
State Bar No. 00797872
Margaret Alfred
State Bar No. 24027156
Cinthya Pena Reade
Cinthya.Reade@|gbs.com
State Bar No. 24110206
Attorneys for Plaintiff(s)
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