Preview
3/29/2022 2:34 PM
Marilyn Burgess -District Clerk Harris County
Envelope No. 63062727
2022-18911 / Court: 127 By: Courtni Gilbert
Filed: 3/29/2022 2:34 PM
CASE NO.
DHI FUND, LP, § IN THE DISTRICT COURT
Plaintiff,
vs.
CITY OF SEABROOK, WYNN-CROSBY
1999 LTD., JOHN BLACK, JR., PEGGY
BRAECKLIN, C.D. LEON, PEL-TEX
PETROLEUM COMPANY, BRENDA § JUDICIAL DISTRICT
MASSINGILL, CAROL SMITH, §
CHARLES HILL, LINDA GUTHRIE §
§
Defendants.
§ OF HARRIS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND
COMES NOW the Plaintiff, DHI Fund, LP (“Plaintiff”), complaining of the Defendants as named
above, and each of them, as follows:
1. THE PARTIES
1 Plaintiff is a foreign Limited Partnership registered to do business in the State of Texas and
is the current owner by constable’s deed to the property the subject of the Petition commonly
known as 0 Todville Road, Seabrook, TX 77586 (the “Property”), legally described as:
LOTS 1, 2, 3, 4, 5, 6, AND 7 IN BLOCK H OF MORRISSTOWN, A
SUBDIVISION IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP
OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE 34 OF THE MAP
RECORDS OF HARRIS COUNTY, TEXAS.
2 Defendant, City of Seabrook (hereafter "Seabrook" or the “City”) is an incorporated Texas
municipality. Plaintiff is further informed and believes, and thereon alleges, that the City owns a
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND
58.75% undivided interest in the Property that is the subject of this Petition. The City may be
served through its Mayor, Thom Kolupski at 1700 Ist Street, Seabrook TX 77586.
3 Defendant, Wynn-Crosby 1999 Ltd., c/o BHP Biliton, is a Texas limited partnership.
Plaintiff is informed and believes, and thereon alleges, that Wynn-Crosby 1999 Ltd. owns a 8.45%
undivided interest in the Property that is the subject of this Petition. Wynn-Crosby 1999 Ltd. may
be served through their registered agent, Corporate Service Company, 701 Brazos Street, Suite
1050, Austin, TX 78701
4 Defendant, the Estate of John Black, Jr., c/o Mercury Oil Co, is the estate of a deceased
individual. Plaintiff is informed and believes, and thereon alleges, that the Estate of John Black,
Jr., owns a 2.45% undivided interest in the Property that is the subject of this Petition. The Estate
of John Black, Jr. may be served through Mercury Oil Co., whose registered agent is Harry Smith
located at 1221 W. Campbell Road, Suite 233 Richardson, TX 75080.
5 Defendant, Peggy Braecklien, c/o Mercury Oil Co, is an individual residing in Texas
Plaintiff is informed and believes, and thereon alleges, that Peggy Braecklien owns a 2.45%
undivided interest in the Property that is the subject of this Petition. Peggy Braecklien may be
served through Mercury Oil Co. whose registered agent is Harry Smith located at 1221 W.
Campbell Road, Suite 233 Richardson, TX 75080.
6 Defendant, C.D. Leon, is an individual. Plaintiff is informed and believes, and thereon
alleges, that C.D. Leon owns a 1.35% undivided interest in the Property that is the subject of this
Petition. C.D. Leon’s whereabouts are currently unknown
7 Defendant, Pel-Tex Petroleum Company, is a foreign corporation no longer in existence.
Plaintiff is informed and believes, and thereon alleges, that Pel-Tex owns a 1.25% undivided
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND
interest in the Property that is the subject of this Petition. Pel-Tex Petroleum may be serced through
their registered agent, C T Corporation Systems at 701 Brazos Street, Suite 720, Austin, TX 78701
8 Defendant, Brenda Massingill, c/o Mercury Oil Co, is an individual residing in Texas.
Plaintiff is informed and believes, and thereon alleges, that Brenda Massingail owns a 0.70%
undivided interest in the Property that is the subject of this Petition. Brenda Massingill may be
served through Mercury Oil Co. whose registered agent is Harry Smith located at 1221 W.
Campbell Road, Suite 233 Richardson, TX 75080.
9 Defendant, Carol Smith, c/o Mercury Oil Co, is an individual residing in Texas. Plaintiff
is informed and believes, and thereon alleges, that Carol Smith owns a 0.70% undivided interest
in the Property that is the subject of this Petition. Carol Smith may be served through Mercury Oil
Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233
Richardson, TX 75080.
10. Defendant, Charles Hill, c/o Mercury Oil Co, is an individual residing in Texas. Plaintiff
is informed and believes, and thereon alleges, that Charles Hill owns a 0.70% undivided interest
in the Property that is the subject of this Petition. Charles Hill may be served through Mercury Oil
Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233
Richardson, TX 75080.
11. Defendant, Linda Guthrie, c/o Mercury Oil Co, is an individual residing in Texas. Plaintiff
is informed and believes, and thereon alleges, that Linda Guthrie owns a 0.70% undivided interest
in the Property that is the subject of this Petition. Linda Guthrie may be served through Mercury
Oil Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233
Richardson, TX 75080.
I. JURISDICTION
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND
12. The Property which is the subject matter of this Petition is located within the County of
Harris, State of TEXAS. Venue is proper in Harris County, Texas pursuant to § 15.011 of the
Texas Civil Practice & Remedies Code and § 23.002 of the Texas Property Code.
13 The amount in controversy is within the jurisdictional limits of this Court.
14. This Court has personal jurisdiction over all parties.
Il. FACTUAL ALLEGATIONS
15. On or about November 1, 2016, Plaintiff DHI Fund, LP (“DHI”) purchased the Property
at a Constables’ Sale conducted by Constable Phil Sandlin of Precinct 8 of Harris County, Texas
pursuant to a judgement and decree of sale in Suit No. 201553001, Harris County, et al. v. Blazer
Energy Corp. Pursuant to this sale, a Constables’ Deed was executed in favor of DHI, granting
them a 22.5% interest in the Property. See Exhibit 1 - Constables’ Deed
16. It is a part of Plaintiffs regular business practice to invest in real estate. Plaintiff was under
the impression that they had purchased a vacant lot and was interested in developing the Property.
Pursuant to that desire, Plaintiff was willing to purchase the interests of the remaining co-owners.
17. On or about February 16, 2022, it came to Plaintiff's attention that the City had turned
much of the Property into a public disc golf park.
18 Plaintiff is still interested in developing the Property.
IV. CAUSE OF ACTION
A. Partition in Kind as to Plaintiff's Interest in the Property
19. Plaintiff hereby adopts by reference each and every paragraph above as if fully and
completely set forth herein.
20. “A joint owner or claimant of real property or an interest in real property. may compel a
partition of the interest or the property among the joint owners or claimants under this chapter and
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND
the Texas Rules of Civil Procedure.” Tex. Prop. Code § 23.001. “The law will not force a reluctant
joint owner of real property to maintain a joint ownership.” Bowman vy. Stephens, 569 S.W.3d 210,
220 (Tex. App. — Houston [1st Dist.] 2018). “As a general proposition, the law in this country
favors partition, and both the civil and common law supported the proposition that no one should
be compelled to hold property in common with another.” Spires v. Hoover, 466 $.W.2d 344, 346
(Tex. App. — El Paso 1971), writ refused n.r.e. July 28, 1971). “[T]he right to partition between
joint owners is absolute.” /d.
21 Plaintiff, by virtue of Exhibit 1, has a 22.5% undivided interest in the Property
22. Plaintiff has a claim to the Property and as such seeks partition in kind.
V. PRAYER FOR RELIEF
WHEREFORE PREMISES CONSIDERED, Plaintiff asks for the Property to be
partitioned in kind.
TRIAL BY JURY: Plaintiff requests a trial by jury and will tender the fee for such, if any, as
required by the Court.
Respectfully submitted,
JEFFREY JACKSON & ASSOCIATES, PLLC
Jeffrey C. Jackson
JEFFREY C. JACKSON
Texas State Bar No. 24065485
2500 ETC Jester Blvd., Suite 285
Houston, Texas 77008
713-861-8833 (T)
713-682-8866 (F)
ie!
ATTORNEY FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND
Preview
3/29/2022 2:34 PM Marilyn Burgess -District Clerk Harris County Envelope No. 63062727 2022-18911 / Court: 127 By: Courtni Gilbert Filed: 3/29/2022 2:34 PM CASE NO. DHI FUND, LP, § IN THE DISTRICT COURT Plaintiff, vs. CITY OF SEABROOK, WYNN-CROSBY 1999 LTD., JOHN BLACK, JR., PEGGY BRAECKLIN, C.D. LEON, PEL-TEX PETROLEUM COMPANY, BRENDA § JUDICIAL DISTRICT MASSINGILL, CAROL SMITH, § CHARLES HILL, LINDA GUTHRIE § § Defendants. § OF HARRIS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND COMES NOW the Plaintiff, DHI Fund, LP (“Plaintiff”), complaining of the Defendants as named above, and each of them, as follows: 1. THE PARTIES 1 Plaintiff is a foreign Limited Partnership registered to do business in the State of Texas and is the current owner by constable’s deed to the property the subject of the Petition commonly known as 0 Todville Road, Seabrook, TX 77586 (the “Property”), legally described as: LOTS 1, 2, 3, 4, 5, 6, AND 7 IN BLOCK H OF MORRISSTOWN, A SUBDIVISION IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE 34 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. 2 Defendant, City of Seabrook (hereafter "Seabrook" or the “City”) is an incorporated Texas municipality. Plaintiff is further informed and believes, and thereon alleges, that the City owns a PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND 58.75% undivided interest in the Property that is the subject of this Petition. The City may be served through its Mayor, Thom Kolupski at 1700 Ist Street, Seabrook TX 77586. 3 Defendant, Wynn-Crosby 1999 Ltd., c/o BHP Biliton, is a Texas limited partnership. Plaintiff is informed and believes, and thereon alleges, that Wynn-Crosby 1999 Ltd. owns a 8.45% undivided interest in the Property that is the subject of this Petition. Wynn-Crosby 1999 Ltd. may be served through their registered agent, Corporate Service Company, 701 Brazos Street, Suite 1050, Austin, TX 78701 4 Defendant, the Estate of John Black, Jr., c/o Mercury Oil Co, is the estate of a deceased individual. Plaintiff is informed and believes, and thereon alleges, that the Estate of John Black, Jr., owns a 2.45% undivided interest in the Property that is the subject of this Petition. The Estate of John Black, Jr. may be served through Mercury Oil Co., whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233 Richardson, TX 75080. 5 Defendant, Peggy Braecklien, c/o Mercury Oil Co, is an individual residing in Texas Plaintiff is informed and believes, and thereon alleges, that Peggy Braecklien owns a 2.45% undivided interest in the Property that is the subject of this Petition. Peggy Braecklien may be served through Mercury Oil Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233 Richardson, TX 75080. 6 Defendant, C.D. Leon, is an individual. Plaintiff is informed and believes, and thereon alleges, that C.D. Leon owns a 1.35% undivided interest in the Property that is the subject of this Petition. C.D. Leon’s whereabouts are currently unknown 7 Defendant, Pel-Tex Petroleum Company, is a foreign corporation no longer in existence. Plaintiff is informed and believes, and thereon alleges, that Pel-Tex owns a 1.25% undivided PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND interest in the Property that is the subject of this Petition. Pel-Tex Petroleum may be serced through their registered agent, C T Corporation Systems at 701 Brazos Street, Suite 720, Austin, TX 78701 8 Defendant, Brenda Massingill, c/o Mercury Oil Co, is an individual residing in Texas. Plaintiff is informed and believes, and thereon alleges, that Brenda Massingail owns a 0.70% undivided interest in the Property that is the subject of this Petition. Brenda Massingill may be served through Mercury Oil Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233 Richardson, TX 75080. 9 Defendant, Carol Smith, c/o Mercury Oil Co, is an individual residing in Texas. Plaintiff is informed and believes, and thereon alleges, that Carol Smith owns a 0.70% undivided interest in the Property that is the subject of this Petition. Carol Smith may be served through Mercury Oil Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233 Richardson, TX 75080. 10. Defendant, Charles Hill, c/o Mercury Oil Co, is an individual residing in Texas. Plaintiff is informed and believes, and thereon alleges, that Charles Hill owns a 0.70% undivided interest in the Property that is the subject of this Petition. Charles Hill may be served through Mercury Oil Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233 Richardson, TX 75080. 11. Defendant, Linda Guthrie, c/o Mercury Oil Co, is an individual residing in Texas. Plaintiff is informed and believes, and thereon alleges, that Linda Guthrie owns a 0.70% undivided interest in the Property that is the subject of this Petition. Linda Guthrie may be served through Mercury Oil Co. whose registered agent is Harry Smith located at 1221 W. Campbell Road, Suite 233 Richardson, TX 75080. I. JURISDICTION PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND 12. The Property which is the subject matter of this Petition is located within the County of Harris, State of TEXAS. Venue is proper in Harris County, Texas pursuant to § 15.011 of the Texas Civil Practice & Remedies Code and § 23.002 of the Texas Property Code. 13 The amount in controversy is within the jurisdictional limits of this Court. 14. This Court has personal jurisdiction over all parties. Il. FACTUAL ALLEGATIONS 15. On or about November 1, 2016, Plaintiff DHI Fund, LP (“DHI”) purchased the Property at a Constables’ Sale conducted by Constable Phil Sandlin of Precinct 8 of Harris County, Texas pursuant to a judgement and decree of sale in Suit No. 201553001, Harris County, et al. v. Blazer Energy Corp. Pursuant to this sale, a Constables’ Deed was executed in favor of DHI, granting them a 22.5% interest in the Property. See Exhibit 1 - Constables’ Deed 16. It is a part of Plaintiffs regular business practice to invest in real estate. Plaintiff was under the impression that they had purchased a vacant lot and was interested in developing the Property. Pursuant to that desire, Plaintiff was willing to purchase the interests of the remaining co-owners. 17. On or about February 16, 2022, it came to Plaintiff's attention that the City had turned much of the Property into a public disc golf park. 18 Plaintiff is still interested in developing the Property. IV. CAUSE OF ACTION A. Partition in Kind as to Plaintiff's Interest in the Property 19. Plaintiff hereby adopts by reference each and every paragraph above as if fully and completely set forth herein. 20. “A joint owner or claimant of real property or an interest in real property. may compel a partition of the interest or the property among the joint owners or claimants under this chapter and PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND the Texas Rules of Civil Procedure.” Tex. Prop. Code § 23.001. “The law will not force a reluctant joint owner of real property to maintain a joint ownership.” Bowman vy. Stephens, 569 S.W.3d 210, 220 (Tex. App. — Houston [1st Dist.] 2018). “As a general proposition, the law in this country favors partition, and both the civil and common law supported the proposition that no one should be compelled to hold property in common with another.” Spires v. Hoover, 466 $.W.2d 344, 346 (Tex. App. — El Paso 1971), writ refused n.r.e. July 28, 1971). “[T]he right to partition between joint owners is absolute.” /d. 21 Plaintiff, by virtue of Exhibit 1, has a 22.5% undivided interest in the Property 22. Plaintiff has a claim to the Property and as such seeks partition in kind. V. PRAYER FOR RELIEF WHEREFORE PREMISES CONSIDERED, Plaintiff asks for the Property to be partitioned in kind. TRIAL BY JURY: Plaintiff requests a trial by jury and will tender the fee for such, if any, as required by the Court. Respectfully submitted, JEFFREY JACKSON & ASSOCIATES, PLLC Jeffrey C. Jackson JEFFREY C. JACKSON Texas State Bar No. 24065485 2500 ETC Jester Blvd., Suite 285 Houston, Texas 77008 713-861-8833 (T) 713-682-8866 (F) ie! ATTORNEY FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION FOR PARTITION IN KIND