FILED

Marilyn Burgess
District Clerk

 

 

 

NOV 2 0 2019
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PATRICIA BIRD, KRISTIN BIRD, TRj-{mmh A 45.
JENNIFER BLACK, IN THE DISTRICT COURT OF
CAROLYN KEN NEY, 
LUIS MICHIELI, and 
ELIZABETH URQUIOLA 



Plaintiffs, 


V. HARRIS COUNTY, TEXAS


TURKEY LEG HUT CO. LLC, d/b/a 
TURKEY LEG HUT, 
NAKIA PRICE, 
and LYNDELL PRICE 

591*"

Defendants. JUDICIAL DISTRICT

 

ORDER GRANTING TEMPORARY RESTRAININ ORDER

On November 20, 2019, the Court considered the Application of Plaintiffs
Patricia Bird, Kristin Bird, Jennifer Black, Carolyn Kenney, Luis Michieli, and
Elizabeth Urquiola for Temporary Restraining Order against Defendants Turkey Leg
Hut 8; Company, LLC d/b/a ?Turkey Leg Hut,? Nakia Price, and Lyndell Price.

Applicants announced ready and appeared by and through counsel.

Defendants received notice of a hearing and had opportunity to appear through
counsel.

The Court, after considering Plaintiffs? Application, exhibits admitted into
evidence and made part of the Application, arguments of counsel and any response is
of the opinion that Plaintiffs? Application for Temporary Restraining Order should be

granted for the reasons given by Applicants. The Court finds

l. Defendants are operating and continue to operate the Turkey Leg Hut so
as to produce smoke and odor that presents health hazards to Applicants and other
neighbors to the properties at 4830 and 4902 Almeda Road. Further, the Defendants?
operation of the Turkey Leg Hut involves presently illegal and unpermitted operations
posing a risk of harm to the public, including unenclosed outdoor food preparation
areas and use of smokers.

2. Applicants have pleaded that Defendants? actions violate Houston,
Texas, Municipal Code 20-19, Tex. Civ. Prac. Rem. Code 125.0015(a) and
constitute a nuisance per se, private nuisance, common nuisance, and have
resulted in trespasses onto Applicants? properties.

3. Having presented evidence sufficient to raise a bona fide issue as to
Applicants? right to ultimate relief, Applicants have established a probable right to the
relief sought against Defendants for the allegations pertaining to the creation of smoke
and odors and the illegal use of unenclosed outdoor food preparation areas, including
smokers.

4. Having sought a temporary restraining order under Tex. Civ. Prac. 8:
Rem. Code Applicants need not establish a probable, imminent, and
irreparable injury. Nevertheless, if the relief requested is not granted, Applicants will
suffer further imminent harm and irreparable injury and will have no adequate

remedy at law.

5. This temporary restraining order will serve the public interest. The harm
to Applicants if this Application is not granted outweighs any potential harm to
Defendants by the issuance of the temporary restraining order.

Accordingly, the Court GRANTS the Plaintiffs? Application for Temporary
Restraining Order and makes the following order under Tex. R. Civ. P. 683:

Defendants Turkey Leg Hut 8.: Company, LLC d/b/ a ?Turkey Leg Hut,? Nakia
Price, and Lyndell Price and Defendants? members, agents, employees, successors,
assigns, attorneys, and any person acting in concert or participation with them who
receives actual notice of this Order by personal service or otherwise are PROHIBITED
AND ENJOINED from:

i. Producing smoke and Mgthe 4830 and 4902 Almeda Road
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IT IS FURTHER ORDERED that Applicants shall execute and file with the
clerk of this Court a bond, or cash deposit in lieu of bond, in the amount stated below
in conformity with Rule 684 of the Texas Rules of Civil Procedure, payable to
Defendants and conditioned that Plaintiffs will abide by the decision which may be
made in the cause and that Plaintiffs will pay all sums of money and costs that may be

adjudged against them if the Temporary Restraining Order shall be dissolved in whole

or in part.

The clerk shall, when so requested by Applicants and after they have ?led the
bond described above, issue a writ of temporary restraining order in conformity with
the law and the terms of this Order.

IT IS FURTHER ORDERED that, unless extended by agreement of the parties
or changed by further order of this Court, this Order becomes effective only at such
time as Applicants ?le with the clerk of this Court a bond in the amount of $196706? -

IT IS FURTHER ORDERED that Plaintiffs? Application for a Temporary
Injunction will be heard before the Court on 2019 at

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IT IS FURTHER ORDERED that this Order expires no later than fourteen days

after issuance or When amended by order of this Court, Whichever occurs ?rst.

Signed on ovemberE 2019 at M411.

 

Honorable 6' LU,
Judge, District Court

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