CAUSE NO.

__________________

CITY OF DALLAS, TEXAS § IN THE DISTRICT COURT

PLAINTIFF §
§
V. §
§
BLUE STAR RECYCLING LLC, § DALLAS COUNTY, TEXAS
ALMIRA INDUSTRIAL AND TRADING, §
CORP., CCR EQUITY HOLDINGS §
ONC, LLC, 9505 S. CENTRAL §
EXPRESSWAY, IN REM §
DEFENDANTS § _______ JUDICIAL DISTRICT

CITY OF DALLAS’ ORIGINAL PETITION, REQUEST FOR TEMPORARY

RESTRAINING ORDER, REQUEST FOR TEMPORARY AND PERMANENT
INJUNCTIONS, AND REQUESTS FOR DISCLOSURE

TO THE HONORABLE COURT:

The City of Dallas (the “City”), Plaintiff, files this Original Petition, Request for

Temporary Restraining Order, Request for Temporary and Permanent Injunctions, and Requests

for Disclosure against Blue Star Recycling LLC (“Blue Star Recycling”), Almira Industrial and

Trading, Corp. (“Almira”), CCR Equity Holdings Onc, LLC (“CCR Equity”), and 9505 S. Central

Expressway, in rem, Defendants, and respectfully shows the Court the following:

I. DISCOVERY CONTROL PLAN AND REQUESTS FOR DISCOVERY

1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of

Civil Procedure.

2. Defendants are requested to disclose, within fifty (50) days of service of this request, the

information or material described in Rule 194.2 of the Texas Rules of Civil Procedure.

3. Pursuant to Texas Rule of Civil Procedure 196.7, the City requests entry upon the land and

premises of the properties that are the subject of this suit, which are legally described as Block

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 1
City of Dallas v. Blue Star Recycling LLC, et al.
8010, Tracts 3 and 3.1 and commonly referred to as 9505 S. Central Expressway, Dallas, Texas

(collectively, the “Property”) to inspect the Property for compliance with the Dallas City Code.

4. The Properties are controlled by Defendant Blue Star Recycling. The City specifically

seeks access to the interior, exterior and any accessory structures situated on the premises of the

Property within fifty (50) days of service of this petition or at an earlier, mutually agreed upon

time for the purposes of conducting an inspection in accordance with TRCP 196.7(c)(1). This

request is continuing in nature and Defendants are hereby notified of the City’s request to enter

the Property for the purpose of conducting an inspection to determine compliance with the Dallas

City Code and any order issued by this Court.

II. PARTIES

5. The City of Dallas is a home-rule municipal corporation situated mainly in Dallas County,

Texas, incorporated and operating under the laws of the State of Texas.

6. Defendant Blue Star Recycling LLC is a Texas limited liability company which controls

the real property located in Dallas County that is the subject of this suit. Service of Process may

be made upon Blue Star’s registered agent, Carl Orrell, at 501 Indian Creek Drive, Trophy Club,

Texas 76262, or wherever he may be found.

7. Defendant Almira Industrial and Trading Corporation is a Texas corporation that owns the

Property, which is located in Dallas County, and that is the subject of this lawsuit. Service of

Process may be made upon Yousef Shahabi-Azad at 5141 Lawnview Avenue, Dallas, Texas 75227

or 600 North Wildwood Drive, Irving, Texas 75061, or wherever he may be found.

8. Defendant CCR Equity Holdings, Onc., LLC is a Texas entity that owns the Property,

which is located in Dallas County, and that is the subject of this lawsuit. Service of Process may

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 2
City of Dallas v. Blue Star Recycling LLC, et al.
be made upon Cabe Chadick at 1403 Windsor Drive, McKinney, Texas 75070, or wherever he

may be found.

III. VENUE AND JURISDICTION

9. The City brings this cause of action to obtain temporary and permanent injunctive relief

and recover civil penalties against Defendants pursuant to Subchapter B of Chapter 54 of the Texas

Local Government Code.

10. Venue is proper and this Court has jurisdiction pursuant to Section 54.013 of the Texas

Local Government Code.

IV. FACTS

11. Defendants own and control the Property, which is located in Southeast Dallas, near the

McCommas Bluff Landfill.

12. Blue Star Recycling operates a business at the Property advertising shingles recycling. See

Affidavit of Kevin Hill, attached as Exhibit A.

13. On or about December 13, 2018, the City responded to a service request classified as

“Water Pollution Urgent” at the Property. See Ex. A.

14. City personnel identified multiple shingle sheets in and around the creek; and upon further

investigation, they identified approximately a 15-20-foot tall, 300-foot long wall of ground-up

shingle asphalt stretching approximately 30-40 feet across the entire length of the creek. The

amount and placement of the waste resulted in near-complete blockage of the creek and City

personnel observed discharge of industrial and asphalt base material into the stormwater drainage

system. See Ex. A.

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 3
City of Dallas v. Blue Star Recycling LLC, et al.
15. City personnel also observed roofing shingles, roofing shingle particles, wooden pallets,

and chips of wood, industrial waste, and asphalt base being discharged into the stormwater

drainage system. See Affidavit of Maricela Rangel, attached hereto as Exhibit B.

16. Blue Star Recycling personnel is causing the discharge of the industrial waste and other

pollutants into the stormwater system. See Ex. B.

17. Blue Star Recycling is an industrial facility, and a Texas Pollutant Discharge Elimination

System Permit (TPDES) is required to conduct the lawful activities at the Property. See id. Blue

Star does not have a TPDES permit. See id.

18. The following violations of the Dallas City Code exist on the Property:

a. Discharging industrial waste into the storm sewer, in violation of Section 49-
55.7;

b. Failure to comply with a stormwater permit, in violation of Section 19-118.7;

c. Discharging or causing to be discharged industrial waste into the stormwater

drainage system, in violation of Section 19-118.2(f)(2);

d. Discharging or causing to be discharged asphalt base material into the

stormwater drainage system, in violation of Section 19-118.2(f)(8);

19. A true and correct copy of the ordinances cited above are attached. These ordinances relate

to point source effluent limitations or discharge of a pollutant, other than from a non-point source,

into a sewer system, including a sanitary or stormwater sewer system, owned or controlled by the

municipality.

20. The above conditions create a substantial risk of injury and adverse health impacts to

persons other than Defendants and to property other than that of Defendants.

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 4
City of Dallas v. Blue Star Recycling LLC, et al.
 V. CAUSE OF ACTION

21. Subchapter B of Chapter 54 of the Texas Local Government Code applies to these

ordinances.

22. Pursuant to Sections 54.016 and 54.018 of the Texas Local Government Code, the City

requests that the Court issue a temporary restraining order, ordering Defendants to immediately

cease discharging pollutants, including industrial waste and asphalt base into the City’s stormwater

sewer system and to obtain all necessary permits, including a stormwater permit, and comply with

the permit conditions before continuing to operate its business at the Property.

23. Pursuant to Sections 54.016 and 54.018 of the Texas Local Government Code, the City

requests temporary and permanent injunctive relief, ordering Defendant to remedy or repair the

conditions of the Property to bring it into compliance with the Dallas City Code.

24. Pursuant to Section 54.017 of the Texas Local Government Code, the City requests the

maximum civil penalties allowed by law, per day for each violation of the ordinances.

25. The City also requests post-judgment interest and costs of court.

VI. REQUEST FOR JURY TRIAL

26. The City respectfully requests a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, the City prays for the following relief:

a. the City be granted a temporary restraining order, enjoining Defendants from:

1) discharging or allowing to be discharged pollutants, including industrial waste

and asphalt base, into the City’s stormwater sewer system; and

2) performing or allowing to be performed on the Property: waste collection,

recycling, or any other industrial activity, without first obtaining all proper

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 5
City of Dallas v. Blue Star Recycling LLC, et al.
 permits, including a stormwater permit, and adhering to the requirements

thereof.

a. the City be granted temporary and permanent injunctive relief as provided herein;

b. the City be awarded judgment for a civil penalty at the maximum allowed by law for

each violation for each day that the Property remains in violation of the Dallas City

Code;

c. the City be granted judgment for all costs of court;

d. the City be granted judgment for post-judgment interest at the highest legal rate; and

e. such other relief, general or special, at law or in equity, to which the City may be justly

entitled.

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 6
City of Dallas v. Blue Star Recycling LLC, et al.
 Respectfully submitted,

CITY ATTORNEY OF THE CITY OF DALLAS

Christopher J. Caso
Interim City Attorney

By: /s/ Jayla Wilkerson

CHHUNNY CHHEAN
Executive Assistant City Attorney
State Bar of Texas No. 24061225
Chhunny.chhean@dallascityhall.com

JAYLA WILKERSON
Senior Assistant City Attorney
State Bar of Texas No. 24093367
Jayla.wilkerson@dallascityhall.com

7DN Dallas City Hall

1500 Marilla Street
Dallas, Texas 75201
Telephone: (214) 670-3519
Fax: (214) 670-0622

ATTORNEYS FOR PLAINTIFF,

THE CITY OF DALLAS, TEXAS

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 7
City of Dallas v. Blue Star Recycling LLC, et al.
 COMPLIANCE WITH RULE 2.02

Pursuant to Rule 2.02 of the Dallas Civil District Court rules, the undersigned certifies to

the best of her knowledge that Defendant Blue Star Recycling is represented by Mr. Scott

Deatherage, and that he has been notified of this application; that Defendant CCR Equity is

represented by Victor McCall, and that he has been notified of this application; and that Defendant

Almira is represented by Alan Rosenberg. The City has notified the office of Defendant Almira’s

attorney, Mr. Rosenberg, and there is insufficient time to notify the opposing party of the

application before it needs to be heard. Further, to the best of the undersigned counsel’s knowledge,

the case in which this application is presented is not subject to transfer under Rule 1.06 of the

Dallas Civil District Court Rules.

Certified to the 14th day of December 2018.

_/s/ Jayla Wilkerson________

Jayla Wilkerson

CERTIFICATE OF CONFERENCE

On December 14, 2018, counsel for the City personally spoke to counsel for Defendants

regarding the City of Dallas’s Original Petition and Request for Temporary Restraining Order,

Temporary and Permanent Injunctions, and Requests for Disclosure.

Certified to the 14th day of December 2018.

_/s/ Jayla Wilkerson________

Jayla Wilkerson

Plaintiff’s Original Petition, Request for Temporary Restraining Order, Request for Temporary
and Permanent Injunctions, and Requests for Disclosure - Page 8
City of Dallas v. Blue Star Recycling LLC, et al.
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