Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Prime Prep Academy lawsuit against Charity Church

Prime Prep Academy lawsuit against Charity Church

Ratings: (0)|Views: 3,835|Likes:
Published by Jason Trahan
Prime Prep Academy has sued the Fort Worth church that kicked the troubled charter school out of one of its buildings last week.
Prime Prep Academy has sued the Fort Worth church that kicked the troubled charter school out of one of its buildings last week.

More info:

Published by: Jason Trahan on Apr 02, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/03/2014

pdf

text

original

 
P
LAINTIFF
'
S
O
RIGINAL
P
ETITION
A
ND
A
PPLICATION
F
OR
T
EMPORARY
ESTRAINING
O
RDER 
,
 
T
EMPORARY
I
NJUNCTION
A
ND
P
ERMANENT
I
NJUNCTION
 P
AGE
1
CAUSE NO. UPLIFT FORT WORTH CDC d/b/a PRIME PREP ACADEMY, Plaintiff, v. CHARITY CHURCH and FREDRICK MAYS, Individually, Defendants. § § § § § § § § § § § IN THE DISTRICT COURT OF TARRANT COUNTY, TEXAS  _____ JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY INJUNCTION AND PERMANENT INJUNCTION
Plaintiff, Uplift Fort Worth CDC d/b/a Prime Prep Academy (Uplift), complains of Defendants Charity Church and Fredrick Mays as follows:
DISCOVERY CONTROL PLAN
1.
 
Discovery in this case shall be conducted at this time under Level 3 pursuant to Rule 190.4 of the Texas Rules of Civil Procedure. Uplift reserves the right to request reassignment to a different Discovery Control Plan Level.
PARTIES
2.
 
Uplift is a Texas non-profit corporation with its principal place of business in Fort Worth, Texas. 3.
 
Charity Church is a Texas non-profit corporation with its principal place of business in Fort Worth, Texas. Charity Church may be served with process by serving its Registered Agent, Fredrick R Mays, at 8500 Doral Ct. E., Flower Mound, Texas 75022 or 422 S. Irving Heights, Irving, Texas 75060, or wherever he may be found.
Page 1
141-271366-14
FILED
TARRANT COUNTY
4/1/2014 2:39:31 PM
THOMAS A. WILDER
DISTRICT CLERK
 
P
LAINTIFF
'
S
O
RIGINAL
P
ETITION
A
ND
A
PPLICATION
F
OR
T
EMPORARY
ESTRAINING
O
RDER 
,
 
T
EMPORARY
I
NJUNCTION
A
ND
P
ERMANENT
I
NJUNCTION
 P
AGE
2
4.
 
Fredrick Mays is an individual who resides in Denton County, Texas. He may be served at 8500 Doral Ct. E., Flower Mound, Texas 75022 422 S. Irving Heights, Irving, Texas 75060, or wherever he may be found.
JURISDICTION AND VENUE
5.
 
This Court has jurisdiction over this matter under the laws and Constitution of the State of Texas, because the amount in controversy, exclusive of interest and costs, exceeds the minimum jurisdictional requirement of this Court. 6.
 
Plaintiff seeks monetary relief over $200,000.00, but not more than $1,000,000.00. 7.
 
Pursuant to at least Section 15.002 of the Texas Civil Practice and Remedies Code, venue of this lawsuit is proper in Tarrant County, Texas because (a) all or a substantial part of the events or omissions giving rise to the claims asserted herein occurred in Tarrant County, Texas, and (b) Charity Church's principal place of business is in Tarrant County, Texas.
INTRODUCTION
6.
 
This case involves Charity Church’s failure to honor its
commitment to support Prime Prep Academy by providing a building for operation of the school rent free for 3 years. Instead, Charity Church used an unauthorized and apparently fraudulent second lease to strong arm the school into paying over $108,000.00 in rent that it did not owe, or risk disruption of classes. Charity Church also repeatedly failed to respect
the school’
s right of exclusive use of the  premises, which culminated in a wrongful lock out on Thursday, March 27, 2014, when the school was not in default. The unauthorized lease was then used as collateral for a loan so the Church could obtain $200,000.00. Church representative Fredrick Mays has exhibited erratic and intimidating behavior during school hours intended to cause fear and confusion among  parents, students and school staff. Immediate intervention is necessary to enforce the true lease
Page 2
141-271366-14
 FILED
TARRANT COUNTY
4/1/2014 2:39:31 PM
THOMAS A. WILDER
DISTRICT CLERK
 
P
LAINTIFF
'
S
O
RIGINAL
P
ETITION
A
ND
A
PPLICATION
F
OR
T
EMPORARY
ESTRAINING
O
RDER 
,
 
T
EMPORARY
I
NJUNCTION
A
ND
P
ERMANENT
I
NJUNCTION
 P
AGE
3
agreement, to prevent any further interference with the operation of the school to the detriment of the children, and
 to
 prevent the further collection of unauthorized rent.
FACTUAL BACKGROUND
7.
 
Uplift is an open enrollment charter school which does business as Prime Prep Academy. The school started in 2012, and currently has campuses in Fort Worth and Dallas. The Fort Worth campus serves approximately 270 students in grades kindergarten through 6
th
 grade. The Fort Worth campus consists of two buildings, a church building owned by Charity Church located at 4400 Panola Ave., Fort Worth, Texas (the Church Premises), and the building at 613 Griggs Avenue, Fort Worth, Texas (the Austin Building), which is located directly behind the Church Premises. This lawsuit centers around
Uplift’s right to use the Church Premises, and
the continuing problems with Charity Church, the landlord, and specifically, the erratic conduct Fredrick Mays who claims to be Bishop of Charity Church.
L
EASE FOR THE
P
REMISES
 
8.
 
When Uplift was in the process of applying to for its charter, Charity Church submitted a letter of support where it agreed to allow Uplift to use the Church
Premises “at no rental charge,”
for a minimum of three years. Lewis Aff. Ex. 1. Thereafter, Uplift and Charity Church entered into a Commercial Lease Agreement dated June 1, 2011. Lewis Aff. Ex. 2. The Lease is for a
term of three years from July 1, 2012, to June 30, 2015, and specifies that “Lessee shall NOT be
required to pay rent . . . as CHARITY desires to donate
its space.” Lewis Aff. Ex. 2
. Under this Lease, Uplift
’s only
monetary obligation is to pay 5/7 of utilities, janitorial and maintenance expenses. The Lease is signed by Mitch Felder, Senior Pastor on behalf of Charity Church and D.L. Wallace, on behalf of Uplift.
Page 3
141-271366-14
 FILED
TARRANT COUNTY
4/1/2014 2:39:31 PM
THOMAS A. WILDER
DISTRICT CLERK

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->