FILED

DALLAS COUNTY
11/16/2018 2:04 PM
FELICIA PITRE
3 CIT ES DISTRICT CLERK

Angie Avina
DC-18-17412
Cause No. _

CITY OF DALLAS, § IN THE DISTRICT COURT

Plaintiff, §
§
V. § DALLAS COUNTY, TEXAS
§
AKITA PARTNERS, LLC D/B/A §
SELF SERVICE CAR WASHES OF §
TEXAS §
JERRY SLIWA §
9513 BRUTON ROAD, §
DALLAS, TEXAS, in rem, §
Defendants. § A-14TH JUDICIAL DISTRICT

CITY OF DALLAS' ORIGINAL PETITION, APPLICATION FOR TEMPORARY AND

PERMANENT INJUNCTION, AND REOUEST FOR DISCLOSURES

TO THE HONORABLE JUDGE OF SAID COURT:

The City of Dallas, Plaintiff, files this Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures ("Plaintiff's Original Petition") against Akita

Partners, LLC dba Self Service Car Washes of Texas, Jerry Sliwa, and 9513 Bruton Road, Dallas,

Texas, in rem, (collectively referred to as "Defendants") and in support thereof would show unto

the Court the following:

I. DISCOVERY CONTROL PLAN

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

of Civil Procedure.

II. REQUEST FOR DISCLOSURE

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.

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City ofDallas v. Akita Partners, LLC., et
al Page 1
 III. PARTIES

3. Plaintiff, the City of Dallas ("City"), is a horne rule municipal corporation primarily

situated in Dallas County, Texas, incorporated and operating under the laws of the State of Texas.

4. Defendant Akita Partners, LLC dba Self Service Car Washes of Texas ("Defendant

Akita") is a Texas Limited Liability Company which forfeited its existence on February 20,2015.

Defendant Akita owns the real commercial property located in the City of Dallas, Dallas County,

Texas that is the subject of this lawsuit. Service of process may be made upon Defendant Akita

through its registered agent and sole manager, Jerry Sliwa, at 11604 Terry Drive, Balch Springs,

Texas 75180, or wherever he may be found.

5. Defendant Jerry Sliwa ("Defendant Sliwa") is the individual in control of the

property that is subject of this lawsuit and the sole manager of the forfeited limited liability

company which owns the commercial real property located in the City of Dallas, Dallas County,

Texas that is the subject of this lawsuit. Defendant Sliwa may be served at 11604 Terry Drive,

Balch Springs, Texas 75180, or wherever he may be found.

6. The real property located at Block 6735 Lot 2, also known as 9513 Bruton Road,

Dallas, Texas (referred to hereafter collectively as the "Property"), in rem, is the place where the

common nuisance exists and may be served with citation through the owner, Defendant Akita,

through its registered agent and sole manager, Jerry Sliwa, at 11604 Terry Drive, Balch Springs,

Texas 75180, or wherever he may be found.

IV. JURISDICTION AND VENUE

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

relief against Defendants pursuant to Chapter 125 of the Texas Civil Practice & Remedies Code.

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City ofDallas v. Akita Partners, ac., et
at Page 2
This Court has jurisdiction pursuant to Section 65.021 of the Texas Civil Practice and Remedies

Code.

8. Venue is proper pursuant to Section 125.002 of the Texas Civil Practice and

Remedies Code.

9. This cause of action is brought in personam and in rem pursuant to Section

125.002(b) of the Texas Civil Practice and Remedies Code.

V. FACTS

10. The commercial real property at issue is a twenty-four (24) hour self-serve car wash

located in the southeast area of the city of Dallas and is a hub for open air drug sales and violent

crime. County property records indicate that the car wash was built in 1984 and purchased by

Defendant Akita in 2012. See identifying photos as Exhibit A.

11. Defendant Akita and Defendant Sliwa maintain the Property as a place to which

people habitually go to commit criminal activity specifically identified as abatable offenses in

Chapter 125 of the Texas Civil Practice and Remedies Code. Abatable criminal activity frequently

occur at the Property and the Property is frequently used in furtherance of the criminal activities.

12. During the period from May 31, 2015 to May 31, 2017, the following abatable

criminal activity occurred at the property:

• eight (8) arrests for possession of marijuana in a drugfree zone;

• one (1) arrest for possession of a controlled substance;

• two (2) aggravated assaults with a deadly weapon;

• one (1) murder; and

• one (1) arrest for unlawful carry of any weapon in a weapon free zone.

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City of Dallas v. Akita Partners, LLC., et
at Page 3
 13. On May 31, 2017, the Dallas Police Department ("DPD") issued a notice letter

regarding the above criminal activity to Defendant Akita and Defendant Sliwa. Exhibit B, Notice

Letter.

14. On June 6, 2017, DPD met with Defendant Sliwa to discuss reasonable measures

to abate the criminal activity at the Property, including but not limited to, hiring security guards

and installing a fence along the rear and sides of the Property.

15. On July 19, 2017, on behalf of Defendant Akita, Defendant Sliwa entered into an

agreement with VRH Sales, LLC d/b/a Verified Response Security & Investigations ("VRH

Sales"), which furnished armed, licensed, and uniformed security officers to provide on-site

security to the Property. The security services began on July 25,2017. The side fence was never

installed.

16. On April 25, 2018, Defendant Akita terminated his agreement with VRH Sales and

no longer had armed security officers patrolling the Property

17. From July 25,2017 to April 25, 2018, the Property had no incidences of abatable

criminal activities.

18. On May 1, 2018, six days after the security agreement was terminated, a murder

occurred at the Property.

19. On May 4,2018, DPD Risk Detective contacted Defendant Sliwa to notify him of

the murder and inquire about the security services on the Property. Moreover, the detective made

additional recommendations of surveillance cameras and implementing a towing service at the

Property.

20. Defendants refused to hire security officers, install surveillance cameras, install

fencing, or implement a towing service at the Property.

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City ofDallas v. Akita Partners, LLC., et
at Page 4
 21. Since the April 25, 2018 termination of security services, the following abatable

criminal activity has occurred on the Property:

• one (1) murder;

• two (2) arrests for possession of marijuana in a drugfree zone; and

• one (1) incident of deadly conduct.

22. The Property constitutes a common nuisance pursuant to Section 125.0015 of the

Texas Civil Practice and Remedies Code and Defendants knowingly tolerate the habitual criminal

activity, fail to make reasonable attempts to abate the activity, and continue to maintain the

Property as a common nuisance.

VI. CAUSES OF ACTION AND REQUEST FOR RELIEF

A. Temporary and Permanent Relief under Chapter 125 of the Texas Civil Practice and
Remedies Code

23. The City re-alleges paragraphs 1-22 as if fully set forth herein.

24. The City requests the Count enter a temporary and permanent injunction

immediately prohibiting Defendants from maintaining the Property as a common nuisance by

ordering Defendants to implement reasonable measures to prevent the use or maintenance of the

Property as a nuisance and require Defendants to post a bond. Tex. Civ. Prac. & Rem. Code

§ 125.002(e).

25. Pursuant to Chapter 125 of the Texas Civil Practice and Remedies Code, a location

to which persons habitually go for the purposes of engaging in certain criminal activity is

considered a "common nuisance." A person who maintains a common nuisance and who

knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the

activity may be subject to a suit to abate the common nuisance. The criminal activity at issue

includes:
City of Dallas' Original Petition, Application for Temporary and
Permanent Injunction, and Request for Disclosures
City ofDallas v. Akita Parmers, LLC.• et
af PageS
 a. Delivery, possession, manufacture, or use of a substance or other item in violation

of Chapter 481, Health and Safety Code;

b. Aggravated assault as described by Section 22.02, Penal Code;

c. Unlawfully carrying a weapon as described by Section 46.02, Penal Code;

d. Murder as described by Section 19.02, Penal Code;

e. Deadly conduct as described by Section 22.05, Penal Code

26. If, after notice and hearing on a request by the City for a temporary injunction, the

Court determines that the City is likely to succeed on the merits in a suit brought under Section

125.002 of the Civil Practice and Remedies Code, the City requests that the Court order the

Defendants to: (1) install and monitor surveillance cameras at the Property; (2) hire licensed,

armed, uniformed security guards or peace officers; (3) limit hours of operation for the business at

the Property and post signage regarding operational hours in a visible location; (4) install a fence,

gate, and/or barricade for controlling the designated entrance/exit of the Property; and (5) any other

reasonable requirements this Court sees fit to prevent the use or maintenance of the Property as a

common nuisance.

27. If, after notice and hearing on a request by the City for a temporary injunction, the

Court determines that the City is likely to succeed on the merits in a suit brought under Section

125.002 of the Civil Practice and Remedies Code, the City requests, and Section 125.045(a)

mandates, that the Court: 1) require Defendants to execute a bond payable to the State of Texas at

Dallas County in an amount no more than $10,000 but not less than $5,000; 2) require that

Defendants have sufficient sureties approved by the Court; and 3) condition such bond on the

requirement that Defendants will not knowingly maintain a common nuisance to exist at the

Property.

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City of Dallas v. Akita Partners, LLC., et
at Page 6
 28. The City further requests that if final judgment be in favor of the City, pursuant to

Sections l25.002(e) of the Texas Civil Practice and Remedies Code, the Court grant a permanent

injunction: 1) ordering Defendants to abate the common nuisance at the Property, 2) enjoining

Defendants from maintaining or participating in the common nuisance at the Property, and 3)

ordering reasonable requirements to prevent the use or maintenance of the Property as a common

nUIsance.

29. Additionally, if final judgment be in favor of the City, such judgment would be a

judgment in rem against the Property as well as a judgment against the Defendants. As a result,

the City requests, and Section 125.002(e) of the Texas Civil Practices and Remedies Code

mandates, that the Judgment order that the Property be closed for one year after the date of the

Judgment.

30. Pursuant to Section 125.045(b) of the Texas Civil Practice & Remedies Code, if,

after an entry of a temporary or permanent injunction, a court determines that a condition of the

injunctive order is violated, the Court may:

a. order a political subdivision to discontinue the furnishing of utility services to the

Property;

b. prohibit the furnishing of utility service to the Property by any public utility holding
a franchise to use the streets and alleys of the political subdivision;

c. revoke the certificate of occupancy of the Property;

d. prohibit the use of city streets, alleys, and other public ways for access to the place
during the existence of the nuisance or in furtherance of the nuisance;

e. limit the hours of operation of the Property, to the extent that the hours of operation
are not otherwise specified by law;

f. order the landlord to terminate a tenant's lease if: (A) the landlord and the tenant
are parties to the suit; and (B) the tenant has violated a condition of the injunctive
order; or

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City of Dallas v. Akita Partners, LLC., et
al Page 7
 g. provide any other legal remedy available under the laws of the State.

31. Pursuant to Section 125.045(c) of the Texas Civil Practice and Remedies Code, if

a condition of a bond filed or an injunctive order entered under Chapter 125 of the Civil Practice

and Remedies Code in this case is violated, the City may sue on the bond in the name of the state,

with the remedy that the whole sum of the bond shall be forfeited as a penalty to the City.

32. If Defendant(s) fail to abide by any order issued by this Court, in addition to other

remedies provided by law, the City requests that the Court hold Defendant(s) in contempt pursuant

to Section 125.002(d) of the Civil Practice and Remedies Code, and subject Defendant(s) to

sentence of civil contempt of: (1) a fine not less than $1,000 or more than $10,000; (2) confinement

in jail for a term not less than 10 or more than 30 days; or (3) both fine and confinement.

B. Request for Reasonable Expenses

33. The City seeks reasonable expenses incurred in prosecuting the suits, including but

not limited to, investigative costs, court costs, reasonable attorney's fees, witness fees, and

deposition fees under Texas Civil Practice and Remedies Code Section 125.003(b) and (d).

VI. REQUEST FOR JURY TRIAL

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

PRAYER

WHEREFORE PREMISES CONSIDERED, the City respectfully requests that the Court

grant the following relief in the City's favor:

a. That the City be granted temporary and permanent injunctive relief as to ordering

the Defendants to abate the common nuisance at the Property, enjoining Defendants

from maintaining or participating in the common nuisance at the Property, and

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City of Dallas v. Akita Partners, LLe., el
al Page 8
 ordering reasonable requirements to prevent the use or maintenance of the Property

as a common nuisance, such as:

1. install and monitor surveillance cameras at the Property;

J. hire licensed, armed, uniformed security guards or peace officers;

k. limit hours of operation for the business at the Property and post signage
regarding operational hours in a visible location;

I. install a fence, gate, and/or barricade for controlling the designated

entrance/exit of the Property; and

m. any other reasonable requirements this Court sees fit to prevent the use or
maintenance of the Property as a common nuisance.

b. The Court orders the Defendants to execute a bond payable to the State of Texas at

Dallas County in an amount no more than $10,000 but not less than $5,000, require

that Defendants have sufficient sureties approved by the Court, and condition such

bond on the requirement that Defendants will not knowingly maintain a common

nuisance to exist at the Property;

c. That the City be awarded judgment in its favor for all costs of court and attorneys'

fees; and

d. Such other and further relief, general or special, at law or in equity, to which the

City may show itself to be justly entitled.

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City of Dallas v. Akita Partners, LLC., et
al Page 9
 Respectfully submitted,

CITY ATTORNEY OF THE CITY OF DALLAS

Chris Caso
Interim City Attorney

lsi Andrew Gilbert

ANDREW GILBERT
Senior Assistant City Attorney
Texas State Bar No. 24012696
andrew. gilbert@dallascityha11.com

AKEEM AYINDE
Assistant City Attorney
Texas State Bar No. 24095389
Akeem. ayinde@dallascityha11.com

JILL HANING
Assistant City Attorney
Texas State Bar No. 24012696
jill.haning@da11ascityha11.com

7DN Dallas City Hall

1500 Marilla Street
Dallas, Texas 75201
Telephone: 214-670-3519
Facsimile: 214-670-0622

ATTORNEYS FOR PLAINTlFF

City of Dallas' Original Petition, Application for Temporary and

Permanent Injunction, and Request for Disclosures
City of Dallas v. Akita Partners, LLC, et
al Page 10
..y

HXFlfATCC
GF# 1742494-BXF (SAF) ELECTRONICALLY RECORDED 201200285557
091251201203:17:20 PM DEED 1/2
SPECIAL WARRANTY DEED

NOTICE OF CONFIDENTIALITYRIGBTS: lFYOU AREA NATURAL PERSON, YOU

MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS mEn FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER ORYOUR DRIVER'S LICENSE NUMBER.

Effective Datc: SEPTEMBER 'Z-I ,2012

Grantor: SELF SERVICE CAR WASHES OF TEXAS. INC••

A TEXAS CORPORATION

Grantee: AKITA PARTNERS, LLC, A TEXAS LIMlTED LIABILlTY COMPANY

Grantee's Addrcss: 11604 TERRY DRIVE

BALCH SPRINGS, TEXAS 75180

Property: Lot2, Block 6735 ofRIVERVIEW VlLLAOE ADDITION, an addition to the City of
DolIas, DaUas County, Texas according to the plat thereofrecorded in Volume 84068, Pase 1572,
Map Records, Dallas County, Texas; together with all buildings, fixtures and oilier real property
improvements located on said real property; and the benefits and "Ppurtenances on Drsppertainingto
said real property and improvements.

Permitted Exceptions: Standhyfees, ad valorem taxes and assessments for the yearin which
this Deed is execoted and subsequent years, and subsequent assessments for prior years due to
changes in land usage or ownership, payment of which are assumed by Grantee, and the liens
secwing smne; volid and existing visible and apparent easements, rights of way and prescriptive
rights, ifany, that are Dot ofrecom but are shown on a survey ofthe Property furnished to Granteest
or before execution and delivery of this Deed; and any and all restrictions, covenants, easements,
rights ofwoy and othermalterS ofrocord affecting thc Property; provided thc Pcmrltted Exceptions
do nol include liens or conveyances affecting the Property, unless same are expressly identified in
this Deed. All reservations, conveyances and leases nf oil, gas Dr other minerals id~ntified in
Schedule Bofthe title commitment furnisbed to Grantee at orbefore execution and delivery ofthis
Deed, ifany, are Petmitted Exceptions.

ForTEN DOLLARS ($1 D.DO) and olhervaJuubl~ consideration, the receiptand sufliciency of
which is ucknowledged, Grantor bus GRANTED, SOLD AND CONVEYED and by these presents
does GRANT, SELL AND CONVEY unto Grantee the Property, to have and 10 bold tbeProperty

-1-

EXHIBIT

j A
unto Granlee and Grantee's heinl, executors, administrators, successors and assigns foraver, subject
to the Pemlitted Exceptions. Granlor binds Granlor and Grantors heirs, executors, administrators,
successors and assigns 10 warrant and forever defend title to the Property to Grantee and Granlee's
heirs, executors, administrators, successors and assigns, subject 10 the Pennitted Exceptions, against
every person whomsoever lawfully claiming orto claim the same or My part thereof, by, through or
under Granlor, but not otherwise.

When the context requires, singular nouns and pronouns include the plUIll1.

Executed on the date oftlie acknowledgmentbelow, but effective as ofthe Effective Date set
forth above.

SELF SERVlCE CAR WASHES OF TEXAS,INC.,

A TBXAS~TION

BY: ~~
JEFFREY BLANSIT, PRESIDENT

..<"
STATEOFJ..W14*~ _ §

.hi1..lJlls-~'
§
COUNTY OF
21"
__ §

This mslrument was acknowledged before me on September 2012, by 10 '

JEFFREY BLANSlT, PRESIDENT ofSHLF SERVlCE CAR WASHES OF TEXAS. INC., a Texas
corporation, on behalfofsaid corporation.

My Commission Expires:

AFTER RECORDING, RETURN TO:

AKITA PARTNERS, LLC
11604 TERRY DRCVE
BALCH SPRINGS, TX 75180

Filed and Recorded

Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
0912512012 03:17:20 PM -2-
$20.00
201200285557

1'~.
 City of Dallas

May 31, 2017

Via First Class and CMRRR #7014 2120 0000 2697 5589

Akita Partners LLC

11604 Terry Drive.
Balch Springs, Texas 75180-1525

Re: Recent Criminal Activity occurring at 9513 Bruton Road, Dallas, Texas 75217

To Whom It May Concern;

The purpose of this letter is to notify you of recent criminal activity occurring at your property located at
9513 Bruton Road. Dallas. Texas 75217 (''The Property"). As the owner of the property, I hope that you
are concerned about the recent activity and wish to take reasonable steps to abate the activity.

Specifically, on December 17, 2016, an individual was shot and killed at the property (report number
#299766-2016), on February 7, 2017, an aggravated assault occurred when an individual was shot in the
leg while standing at the car wash (report number #029797-2017), on April 20, 2017, Southeast Officers
investigating a narcotics complaint, arrested one person for possession of marijuana in a drug free zone
(report number #088117-2017). You may request copies of the above-listed reports from the records
division of the Dallas Police Department, located on the first floor of the Jack Evans Police Headquarters,
1400 Lamar Street, Dallas, Texas. You may also access public records by visiting www.dqJJi!~Qli£.eAl~,
and then click on the Public Access link.

Properties that have criminal activity may be considered criminal nuisance sites. The goal of the Dallas
Police Department is to assist cooperative property owners in "removing or eliminating" - the criminal
activity from their properties. The Dallas Police Department is requesting that you contact Detective
Richard Todd #6706, with the Southeast NPO Unit to discuss the abatable crime occurring on the
property, along with crime reduction strategies. Detective Todd can be contacted at (214) 671-1629. We
look forward to working with you.

Sincerely,

DAVID PUGHES
CHIEF OF POLICE

~~--,
V. L. Hale III
Deputy Chief of Police
Southeast Division
Patrol Bureau
Dallas Police Department

EXHIBIT
DALLAS POLICE DEPARTMENT JACK EVANS POLlCE HEADQUARTERS 1400 s. LAMAR STREET DALLAS, TE I
~ I?