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Petition

Petition

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Published by DallasObserver

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Categories:Business/Law
Published by: DallasObserver on Jul 20, 2011
Copyright:Attribution Non-commercial

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07/10/2013

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Cause No. ________________ CITY OF DALLAS,§IN THE DISTRICT COURT§Plaintiff,§v.§§GLEN HUDSON, And 3027 §DALLAS COUNTYW. NORTHWEST HIGHWAY,§DALLAS, TEXAS,
in rem
§§Defendants.§_____ JUDICIAL DISTRICT
CITY OF DALLAS’ ORIGINAL PETITION, REQUEST FOR TEMPORARYRESTRAINING ORDER, TEMPORARY AND PERMANENT INJUNCTION,AND REQUEST FOR DISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:The City of Dallas (“City”) files this Original Petition and Request for a TemporaryRestraining Order, Temporary and Permanent Injunction, and Request for Disclosures (“OriginalPetition”), in support of which would show as follows:
I. DISCOVERY CONTROL PLAN AND REQUEST FOR DISCLOSURES
1.Discovery will be conducted under Level 2 of Rule 190 of the Texas Rules oCivil Procedure.2.Pursuant to Rule 194 of the Texas Rules of Civil Procedure, each defendant isrequested to disclose the information or material described in Rule 194.2.
II. PARTIES
3.The City of Dallas is a home-rule municipal corporation situated primarily inDallas County, Texas, incorporated and operating under the laws of the State of Texas.4.Defendant Glen Hudson (“Hudson”) is an individual that owns and operates the business known as “Darkside” located at 3027 W. Northwest Highway, Dallas County, Dallas
 
Texas. Service of process may be made upon Hudson at 3027 W. Northwest Highway, Dallas,Texas 75220.5.The real property located at City Block A/5789, Lot 5, also known as 3027 W. Northwest Highway, Dallas, Texas and commonly known as The Darkside (the “Property” or “Darkside”),
in rem
, is the place where the common nuisance exists and may be served withcitation through its owner, Mike Harrison, at 4847 W. Northwest Highway, Dallas, Texas 75220.
III. VENUE AND JURISDICTION
6.The City brings this cause pursuant to Chapters 54 and 211 of the Texas LocalGovernment Code
 
and Chapter 125 of the Texas Civil Practice and Remedies Code. Venue is proper and this Court has jurisdiction pursuant to Section 211.012 of the Texas LocalGovernment Code and Section 125.002(b) of the Texas Civil Practice and Remedies Code.
IV. FACTS
7.The property located at 3027 W. Northwest Highway, Dallas County, Dallas,Texas, commonly known as The Darkside (the “Property” or “Darkside”), poses as a church, but is actually an after-hours dance club – often referred to as a “rave” club – that offers young patrons a place to drink, dance, have sex, and buy, sell, and use illegal drugs.8.After receiving a complaint regarding the Property in December 2010, DallasPolice Department (“DPD”) conducted an overt inspection of the Property and noted that thelocation was operating as an illegal dance club.9.The Property is located in a community retail (“CR”) zoning district. UndeDallas City Code Chapter 51A, CR districts require a specific use permit (“SUP”), and Chapter 14 also requires a license, to operate a dance hall at the Property.
 
10.Defendant Hudson, the owner of Darkside, was cited by DPD for illegallyoperating a dance hall at the Property.
1
Hudson responded in writing to the City that he was anordained minister of the Universal Life Church
2
, and that Darkside was a youth outreachministry, therefore exempt under the City Code’s “church exceptionfrom the zoningrestrictions and license requirements for dance halls
3
.11.After receiving subsequent complaints in the spring of 2011, DPD conductedmultiple undercover operations at Darkside. During these operations detectives consistentlyobserved and documented numerous patrons openly ingesting and under the influence of illegalsubstances, dancing and engaging in various sex acts. During these operations DPD detectiveswere also continuously approached by Darkside patrons offering to, and who did sell todetectives, illegal substances including ketamine (“K”), LSD, MDMA, Ecstasy (“X”),hallucinogenic mushrooms (“Shrooms”), morphine, and marijuana. Each of these substances is acontrolled substance, the delivery, possession, or use of which is in violation of Chapter 481,Health and Safety Code.12.Detectives observed no religious services or activity during their four (4)undercover visits to the Property, but they were able to make fifteen (15) separate buys of theaforementioned drugs.13. Hudson’s manager of Darkside, Thomas Eppelsheimer, also known as “TommyGunn,” was arrested July 18, 2011 in relation to allegations that he supplied drugs to minor females at the Darkside and sexually assaulted one or more of them at the Property.
1
The citation for operating a dance hall without a license, citation number C18-313311, was subsequently dismissed by the City in preference of adjudicating the underlying factual issues in District Court in this cause.
2
Universal Life Church is an internet based organization that provides free and instant “ordination” for anyone whois inclined to fill in the name and address fields on its website.
3
Chapter 14 of the Dallas City Code requires a license to operate a dance hall unless, inter alia, the dance is hosted by a religious organization. If a license is not required under City Code, such dance hall may operate by right whereotherwise an SUP would be required. Hence a dance hall operated by a religious organization at this Property isexempt both from the license and SUP requirements.

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