Page 2Without any supporting briefing, Intervenor Highlands of McKamy IV and VCommunity Improvement Association (“Intervenor” or “HOA”) asks this Court for a temporaryinjunction that would effectively end community religious practice for approximately 30 familiesof Orthodox Jews in far North Dallas. Since February 2011, with the HOA’s knowledge, the prayer and study activities of the Congregation Toras Chaim (the “Congregation”)
have taken place primarily at two homes in the housing development over which the HOA has authority: theHighlands of McKamy IV and V (the “Highlands of McKamy”). From February 2011 untilAugust 4, 2013, the Congregation’s activities took place primarily at the home of its rabbi at7119 Bremerton Court, and since August 4, 2013, the same activities have taken place primarilyat 7103 Mumford Court, the home owned by Defendants Judith D. Gothelf and Mark B. Gothelf.The HOA has long known about these activities but did not oppose them until October 14, 2013.The sole purpose of a temporary injunction is to preserve the status quo. For this reasonalone, the Court should deny the HOA’s request for a temporary injunction because the statusquo is the Congregation carrying out its activities in homes within the Highlands of McKamy.Indeed, it has done so for over three years.The HOA’s request for a temporary injunction should also be denied because, for multiple, independent reasons, it cannot show that it has a probable right to recover on its claimfor breach of the restrictive covenants:
There has been no breach of the residential use covenant: 7103 MumfordCourt is used as a residence, and the Congregation’s activities there areconsistent with and incidental to the use of the home as a single familyresidence.
The Congregation is not a proper Defendant in this case; it is not, nor ever has been, a home owner in theHighlands of McKamy. The Congregation therefore cannot be bound by the restrictive covenants at issue in thiscase. It has filed a no-evidence motion for summary judgment that is set for a hearing the same day as thetemporary injunction hearing.