~~.

:A r
Q~

~ ~,;-JO'\

~r

f'\'~ NO.
BRYAN FEARS

CHRISTOPHER

§ §

IN THE

..,~. ~ l..f r·~·---~~-'--'_-

Plaintiff,

.

v.
SHEFFIELD KADANE, AS CIT\:' COUNCILMAN FOR DISTRICT 9 OF CITY OF DALLAS, J\<lARY BRINEGAR, AS PRESIDENT AND CEO OF DALLAS ARBORETUM AND BOTANICAL SOCIETY, INC. AND PAUL DYER, AS DIRECTOR

Ri192~~)
§ §
§

'70

a

v

r.

__/'

or

OALI

§ § § §
§ § §

OF DALLAS PARK AND RECREATION DEPARTMENT
Delcn d an ts.

APPLICATION

AND AFFIDA VIT I<~ORTEMPORARY RESTRAINING ORDER AND TEMIlORARY IN.JUNCTION

1.

Panics.
a. Plaintiff, CHRlSTOPHER DR YAN FEARS, an Individual whose address is for Temporary

1144 Bally Mote Dr. Dallas, TX 75218. makes this Application- and Affidavit Restraining Order and Temporary b. arc Injunction.

The last three numbers of Christopher

Bryan Fears's driver's license number

-236. The last three numbers of Christopher
c. Defendant

Bryan Fears's social security number are

-116.
0 fT

SHE FFI ELf) KA DANE, an Indi vidual who is a resident

exas,

is the City Councilman

for District 9 of the CITY OF DALLAS, and may be served with process at

his office at the following address: described

1500 Marilla St, Dallas, TX 75201, Service of said Defendant as

above can be effected by certified mail, return receipt requested.
1

FEARS v. CITY OF DALLAS, ET AL.

d.

Defendant MARY BRINEGAR, an Individual who is a resident of Texas, is

the President and CEO of DALLAS ARBORETUM AND BOTAN1CAL SOCIETY, INC., a Texas corporation, and may be served with process at her office at the following address: Dallas

Arboretum and Botanical Garden, 8525 Garland Rd., Dallas, TX 75218. Service of said Defendant as described above can be effected by certified mail, return receipt requested. c. Defendant PAUL DYER, an Individual who is a resident of Texas, is the

Director of DALLAS PARK AND RECREA TlON DEPARTMENT, a City orDallas Department, and may be served with process at his olliee at the following address: 830 E. Lawther Dr., Dallas, TX 75218.

~-----

receipt requested. 2. Discovery. Plaintiff affirmatively pleads that discovery should be conducted at Level

----

Service of said Defendant as described above can be effected by certified mail, return

I, in accordance with a tailored discovery plan under Tex. Civil Proc. Rule 190.4. 3. Fads.

The Defendants are in the process of constructing three parking lots on the grounds of a residential, public park in the City of Dallas at Winfrey Point on White Rock Lake, as more particularly identified on EXHIBIT - A, attached hereto, Map or White Rock Lake and proposed parking areas, These park grounds are contiguous with several neighborhoods. and are currently a natural habitat for native Texas wildlife, recognized as endangered
by the Texas Fish and Wildlife

Department. See. EXHIBIT - G, attached hereto, Affidavit of Susan Rebecca Rader. The City of Dallas owns the property. The property and park activities are maintained by the
FEARS

v. CITY OF DALLAS, ET Al.

2

Dallas Park and Recreation Dallas Arboretum contractors

Department.

The proposed parking lots would be wholly operated by the The Arboretum is using its private

and Botanical

Society, Inc. ("Arboretum").

to dear the area for the purpose of putting in these parking. lots. intend for the parking lots to accommodate and parking lots arc not permitted at least 400 vehicles. The area is

The Defendants strictly zoned residential Zoning Regulations.

under the Dallas City Code. Article IV,

See EXHlBlT - C, attached hereto, City of Dallas Zoning Maps.
public hearings or proper notice to the neighbors prior to the and at this time

There were no official,
commencing of this project.

Defendants

have not made clear their whole intentions, will fully entail.

it is not known by the community attached hereto, Affidavit Any development cause irreparable be permitted

what the construction

See EXHIBIT - D,

of Edward Barker. on this property, home to the endangered Blackland Prairie ecosystem, will should vehicles

damage to the wildlife regardless of the full extent of development For example. of the Blackland EXHIBIT - B. surrounding the proposed currently migratory

to park there.

birds have moved to the area to nest,

and the known remnants Texas due to development. The neighborhoods

Prairies are only 1110% of their former acreage across

parking lots, which are currently

abutting a changing

natural habitat. will be within 100 yards or less of a 400 vehicle parking lot, dramatically the nature and fecI of the area, and creating a dangerous Residents of the neighborhoods will be interfered with of Christopher have an expectation condition

for the children who live there. of their property, which

of usc and enjoyment

by this dramatic change in use. See EXHIBIT - E, attached hereto, Affidavit

Bryan Fears. 3

FEARS v. CITY OF DALLAS, ET AL

Alternative and Defendants

parking options are available

to the Defendants.

both legal and not a nuisance.

have been given notice of these options.

The City has refused to enforce parking has indicated that

laws to restrain this type of usc, and the Dallas Police Department instructed 4. by Defendants

it has been

to not enforce these laws on the land at Winfrey Point. EXHIBIT - D.

Grounds.
suffer ~mmediate and irreparable injury, loss, or damage if Defendants ,conduct

Plaintiffwill described

above is not enjoined for these reasons: a. The land at Winfrey Point has already been damaged by vehicular and foot traffic in excess of zoning, accepted city guidelines of the area, attached, b. and practical considerations. for maintenance F, hereto

See EXHIBIT

Affidavit of Harold Barker; See also EXHlBlTS

- B, D, E.

The proposed change in the use of the land will cause damage to the wildlife, which cannot be cured. in the area caused by excessive foot

c.

The threat of harm to children and vehicular

traffic cannot be mitigated. noise and traffic will

d.

The density of the use with its accompanying permanently

alter the nature and character of the area. of this parking lot constitutes a nuisance,

c.

The construction

f.

The use is illegal and in violation Code, Title 5, Chapter 88, Section

of the Texas Parks and Wildlife is proper

88.008 and an injunction

under Section 88.012, making it illegal to removed native and endangered
FEARS v. CITY OF DALLAS, ET AL.

4

wildlife from public land. g. The use is illegal and in violation ofthe Dallas City Code, Article IV, Zoning Regulations, h. as the area is zoned residential. Code,

The use is illegal and in violation of the Texas Administration

Title 43, Section 2.9, requiring a public hearing before a major change in use of a publically owned park. Species Act of and

r.

The use is illegal and in violation of the Endangered 1973 and other federal laws intended wildlife.

to protect the environment

J.

The use is illegal and in violation of the Migratory 16 U.S.c. 703.

Bird Act of 1918,

Therefore, diligence described Defendants, interest.

Plaintiff does not have an adequate remedy at law. Plaintiff has exercised this claim. The injury to Plaintiff any injury the restraining if Defendants continue

due

in prosecuting

the conduct might cause

above would outweigh and issuance

order and injunction

of the restraining

order and injunction

would not disscrvc the public

The only adcq uate, effecti ve, and complete from further engaging in certain proscribed

relief to the plaintiff is to restrain the defendant

activities, as set forth below. Pursuant to Tex. R. Civ. P.

§ 680 et seq. and Tex. Civ. Prac, & Rem. Code ~ 65.001 et seq., and in order to preserve the status quo during the pendency of this action, the plaintiff seeks a temporary injunction. ordering and immediately restraining order, and. on

hearing. a temporary and permanent
FEARS v, CITY OF DALLAS, ET AL.

restraining the defendant,
5

including

the defendant's

agents,

servants, or entities

employees, in active

independent concert

contractors,

attorneys, with them on

representatives. (collectively,

and those persons the "Restrained

or participation

Parties")

from constructing

and/or using the land identified

EXHlBIT A, attached hereto, as a parking lot including the clearing
grass, placement of grave! or flcxbasc, earth moving. pouring ofconcrete barriers, or altering the land with any artificial material or products. 5. Prayer.

or the

land, mowing of the

or black top, placement of

Plaintiff prays thata. without notice to Defendants, the Court issue a temporary restraining order

restraining Defendants and their officers, agents, servants, and employees from directly or indirectly causing the harm complained b. injunction; c. d. Defendants he cited to appear and answer; of above;
SCI

the Court

a date and time for a hearing on this application for a temporary

after hearing, the Court issue a temporary injunction enjoining Defendants and

their officers, agents, servants, and employees hom directly or indirectly causing the enjoined harm during the pendency of this action; e. order and injunction;
f.

Plaintiff be granted reasonable expenses incurred in obtaining the restraining and Plaintiff be granted all further relief to which Plaintiff may be entitled.

FEARS v. CITY OF DALLAS, ET AL.

6

Respectfully

submitted, LLP

COHEN & ZWERNER,

BV.~

----------

ROBERT D. COHEN. ESQ. Texas Bar No. 04508700 2] 1 North Record Suite 450 Dallas, Texas 75202 Tel. (214) 748-0681 Fax. (214) 742-7313 Attorney for Plaintiff Christopher Bryan Fears

fEARS

NACHAWATL

PLLC

Dallas, Texas 75206 Tel. (214) 890-0711 Fax. (214) 890-0712 Attorney for Plaintiff Christopher Bryan Fears

FEARS v. CIIT OF DALLAS, ET Al.

7

CERTIFICA TE OF CONFEREl\TCE On 30 April, 2012, Plaintiffs attempted to cal! each of the Defendants, Sheffield Kadane, Paul Dyer, and Mary Brinegar, to notify them that we would be seeking a Temporary Restraining Order this date, and were unable to reach any of them.

SIGNED THIS DATE, April 30,2012.

ROBERT D. COHEN, ESQ. Attorney for Plaintiff

. t'IOBREN, ESQ.
ttomey for Plaintiff

VERIFICATION BEFORE ME, the undersigned authority, on this day personally appeared Christopher Bryan Fears, who swore on oath that the following facts are true: "1am Plaintiff in this cause. I have personal knowledge of the facts stated above, and they arc true and correct."

Chti pher B • Amant

Fears

SIGNED under oath before me on

~P(

dt?,Q. .

FEARS v. CITY OF DALLAS, ET AL.

8

e

alm I: _.:w:: al ....

..... xwI:
CD

~a..

-co

W

>
CD

.:w:: .:w::
CJ

..J

CO

"
:!::
..J: CD

0

"
3:
CD

> 0

....

e.

'i:
CD I: CD

E
:::»
I:

E

0
I..

" en
e.

a.

0

AFFIDAVIT IN SUPPORT OF TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION
STATE OF TEXAS COUNTY OF DALLAS PERSONALL Y came and appeared before me, the undersigned named SUSAN REBECCA Restraining RADER, who is a resident

c.

or DALLAS

Notary, the within
County, Stll1.e of belief

of TEXAS, and makes this her statement and Affidavit in Support of Temporary Order and Temporary Injunction, upon oath and affirmation and personal knowledge that the following matters, facts and things set forth are

true and correct to the best of her knowledge: I.

I am of sound mind, have legal capacity to make this Affidavit and have
of the facts recited to herein.

personal knowledge 2.

I am a wildlife biologist and, as a member of the Texas Master Naturalist insects, and other wildlife that

Group, member of the White Rock Lake Task Force. As such I am intimately familiar with the species of plants, birds, mammals, inhabit the area at Winfrey Point, the southeast bank of White Rock Lake. 3. The Blackland Prairies is one of the most endangered ecosystems in North

America.

It once covered more than 12 million acres of the Texas landscape and Only an estimated 5,000

has been reduced to less than 1II 00/0 of its former range.

acres remain in their historic condition in terms of plant species. 4. All habitats in this ccorcgion and decreasing are threatened by rapid population growth in

most of the ecoregion and accompanying fragmentation 5.

conversion

to urban and pasture,

land parcel size.

Further, Austin chalk, typical of the White Rock Creek area geology, More than 300 species of prairie grasses within these prarie clusters along the lake. are rare. Many tall grass and
1

supports a distinct prairie community. and wildflowers have been catalogued

All four native blackland prairie grass communities

prairie birds have already declined drastically due to land conversion
AFF! DA VIT IN SUPPORT OF TEMPORAl{ ORDER ANO TEMPORARY INJUNCT10N Y RESTRAINING

fragmentation

in other areas of Blackland Prairie, and the region is threatened

as an

important stopover habitat for migratory songbirds and wintering raptors, 6. Scientists and environmentalists

from the Texas Land Conservancy,
the rarity of the Blackland Prairie for conservation efforts,

Botanical Research Institute of Texas, Texas Parks and Wildlife Department ("TPWD"), and Audubon have recognized its preservation. remnant and suggested In fact, the TPWD has listed the land. awareness,

81ackland Prairie as a Tier 1- High Priority Ecoregion with only 1.52% of the ecoregion

in public and nonprofit conserved time and expertise to developing

7.

The organizations

providing

education and management Recreation Department,

strategies to ensure the survival of the prairies include

the North Texas Chapter of the Texas Master Naturalist Program, Dallas Parks and Texas Parks and Wildlife, Dallas Historic Tree Coalition, Society, and Dallas Extension Service. Dallas Audubon Society, Dallas County Lepidopterist's

County- Texas Agricultural 8. I nominated

the City of Dallas for the Texas Lone Star Land Steward

Awards for its care of the White Rock Lake habitats in both 2004 and 2005. The City of Dallas was given the award in 2005 as selected to be a model of land stewardship, the first urban city park to be given the award. from the City of Dallas and a representative Department affirmatively accepted nomination from the Dallas for the award

9.

A representative

Park and Recreation

in both 2004 and 2005.

10.

The City has been operating under a wildlife management

plan for the

BJackland Prairie remnants existing around White Rock Lake, as prepared by the North Texas Chapter of the Texas Master Naturalist Program using established ,guidelines as recommended Bird Johnson Wildflower Nature Center. from the Nati ve Prairi e Assoc iati on of Texas, Lady Center, Texas Parks and Wildlife, Texas Agricultural Heard Museum, and the Pt. Worth

Extension Service, Texas Nature Conservancy,

11.

This Affidavit

is being given to establish that the Dallas Arboretum Department,
RESTRAINING

and

Botanical Society, Inc. has been given permission the Dallas Park and Recreation
AFFIDAVIT IN SUPPORT OF TEMPORARY ORDER AND TEMPORARY INJUNCTION

by the City of Dallas, by way of land at
2

to use the undeveloped

Winfrey Point as a temporary parking lot, endangering the Blackland Prairie ecosystem and the wildlife it sustains. 12. Further, the Dallas Arboretum and Botanical Society, Inc. has made it clear to me personally that it intends to follow through with its plan to use Winfrey Point as a parking area, and the Dallas Park and Recreation Department has affirmed it approves and encouraged the private handling of the parking situation by the Dallas Arboretum. I have personally attempted to use political alternatives, community advocacy and other communications avenues to prevent the proposed parking at Winfrey Point and thus prevent the destruction of the Blackland Prairie ecosystem. I have experienced no positive results or indication of a change in plans to convert the area.
13.

The issuance of the requested Temporary Restraining Order and Temporary Injunction is the only thing that will preserve the status quo of Winfrey Point as a preservation of native Texas wildlife and organized destruction of the habitat is imminently to begin. FURTHER AFFIANT SAYETH NOT

14.

DATED this the.3e}day

of ~

\
Signature

' 2012or Affiant
____Ll//2.LL

A"~//(
SWORN to subscribed before me, this.3~day

,2012

My Commission Expires:

.A MY COMMISSION EXPIRES
April

22, 2013
RESTRAINING 3

AFFIDAVIT IN SUPPORT OF TEMPORARY ORDER AND TEMPORARY INJUNCTION

.Ci~yp1'Dallas Zunin~

Page 1 01'2

City of Dallas Zoning


City Boundaries PD193 Oak Lawn

[J
Counei I Distriets

o o

o m

Base Zoning

Major Lakes

Floodplain

€;I 100

Flood Zone Creek Branch

g Mill's

g Peak's

http://gis.daliascityhall.com/aspnet_clicnt/ESRIIWebAD

FIPrintTaskLayoutT emplatcs/dcfa...

4/28/2012

,

!

.9it);.~of Dallas

Zoning

.

Page 1 01'2

• City of Dallas Zoning


City Bound aries Dry Overlay Base Zonlrlg

[J
county

00
DD-l
Historic Overlay

ra

0
Floodplain

[J

g 100
QMill's

Flood Zone Creek Bra rich

Certified Pareels

0
DISD Sites

0
Historic Su bd istricts

g Peak's gx

PROTECTED BY LEVEE

;q
Cou nell Districts

0
NSO Overlay

Pedestria nOve rlay

http://gis.dallascityhaILcom/aspnct_

client/E.SRIIW cbADF/PrintTaskLayout

T emplatcs/defa.;

4/28/2012

"
E ZONING RULES
GHLIGHTS OF 51A • No change in District regulations for the A, R-5, R-7.5, R-10, R-13, R-16, R-1 TH·2, TH-3, D, MH, P, CA-1, CA-2.

_

Heights and Floor Ratio related to principal uses allowed in district. -e.g. retail districts have heights and FAR that accommodate all types of retail uses. Added provisions for reduced height of structures when next to SF, D, TH, districts for each foot in height ov.er 26', buildings must be 3 feet further away from low density residential development. The following charts summarize districts in Chapter 51A. Please note lhat many districts have significant changes in permitted height, density, and coverage.

I

I ••
r".

-

-

-

--

-

)~"'1

,:

.L

I

1,

• •

~ ~. . .. Nonresidential districts revised to focus design standards on the purpose of the district.
No residential uses allowed in nonresidential except for mixed use districts. districts •

DISTRICT

SETBACKS
--~~~-

Density

Height

Frontl Side/Rear f
50'

Lot Coverage

~ecial 5t ndards

PRIMARY Uses

~~~Jlural

Residential

R-1ac(A)

r
40'

I I I

20'/50'

1 Dwelling Unit 3 Acres
1 Dwelling Unit

24'

10%

Agricultural and residential uses

I
40'

10'

1 Acres

36'

40%

Single family residential uses


_j

Residential
>.E
LL

R-1f2ac(A) R-16(A( R-13(A(

I

I

r
35'

I

10'

1 Dwelling Unit

112 Acres

36'

40%

Single family residential uses

ro

Resmentra

OJ
c
(f)

a>

I I I
I

10'

1 Dwelling Unit 16,000 sq. ft.

30'

40%

Single family residential uses

Residentia

30'

8'

1 Dwelling Unit 13,000 sq. ft.
1 Dwelling Unit 10,000 sq. ft.

30'

45%

Single family residential uses

-c
Z W

I-

R-10(A)
Residential

I I 30' I
I 25'

6'

30'

45%

Single family residential uses

0

(J)
a::
W

R-7.5(A)
Residential

I I
I

5'

1 Dwelling Unit 7,500 sq. ft.

30'

45%

Single family residential uses

R-5(A)
Residential

20' I
I

I
I

5'

1 Dwelling Unit 5,000 sq ft.
1 Dwelling Unit 6,000 sq. ft.

30'

45%

Single family residential uses

CI)

l!J

D(A)
Duplex

~

25' I I 0'

5'

36'

60%

Duplex and single family uses

0

:r:
~ ~
-..

TH-1 (A)
Townhouse Residential

I I
I

0'

6 DU Acre 9 DU Acre 12 DU Acre

36'

60%

Single family residential uses

TH-2(A)
Townhouse Residential 0'

>< I.l.I
_J

I I
I

0'

36'

60%

Single family residential uses

Q

~

o

TH-3(A)
Townhouse Residential 0'

I I

0'

36'

60%

Single family residential uses

(13 )

Page 1

e
DISTRICT
_J

e
Density FAR
0.75 overall 0.5 45'

------

SETBACKS

Frontl Side/Rear
15'

Height

Lot overag

pecial andards Proximity Slope Visual intrusion Proximity Slope Visual intrusion Proximity Slope Visual intrusion Proximity Slope Visual intrusi Com servi and

PRIMARY

-

« cs COMMERCIAL
a:::
I:J
SERVICE

0'_ on minor

I I I

20' adjacent 10 residential OTHER


(:......

J
~ ;

,
:

I ess
~ ..

(J)

NoMin_

office/lodging! retail combined

3 stories

80%

_~_" r·

p

of •...{;:

IT

t-;~

~"I.

ail , and

Z
_J

0

LI
Light

cr:
W ~

o

15'

30' adjacent 1.0 overall I to residential 0_75 office/retail OTHER: 0.5 retail I NoMin.

70' 5 stories

80%

IR Industrial

15'

:::2:

I 30' adjacent 2_0 overall to residential 0_75 office/retail I OTHER: 0_5 retail No Min.

200' 15 stories

80%

0

o
CO
L..

1M

15'

Industrial

minor

0'. on

I I
I

30' adjacent to residential OTHER:

No Min.

2.0 overall 0.75 office/retail 0.5 retail

110' 8 stories

80%

Industrial; wholesale distribution and storage; supporting office and retail

Q)

CA - 1(A)
Central area - 1

Any 0' 0' 20.0 FAR

.......
Q)
_J

c

co co '-

legal height Any legal height
90' 7 stories 120' 9 stories With retail

100%

All but the heaviest
industrial uses

CA -

I-

«o
w
Q)

Central area - 2

2(A)

0'

0'

200

FAR

100%

All but the heaviest
industrial uses

Z

MU
U)

-1

15'

I

Mixed use - 1

I
I

20' adjacent to residentral OTHER:

+ bonus for

0.8 base 1.0 max

80%

NoMin

residential
1.6 base 2.0 max + bonus for

ProXImIty Slope U-Iormsetback Tower spacrnp Vi sua I intru sio n Proximity Slope U-formsetback Tower spacing Visual Intrusion Proximity Slope U-Iorm setback Tower spacing Visual intrusion Proximity

Office; retail and personal service; lodging; residential Office; retail and personal service; lodging; and residential Office; retail and personal service; lodging; residential; trade center Office; retail and personal service; lodging

cr::
0
Z

z

::::l "'0
,~

Q)

Mixed use - 2

MU-2

15'

I 20' adjacent to residential
OTHER:

135'
10 stories 180' 14 stories with retail

80%

NoMin.

:2

residential
3.2 base 4.0 max + bonus for

MU-3

Mixed use - 3

15'

20' adjacent I to residential

I

OTHER:

NoMin.

residential
0.8 base 1.0 max

270' 20 storl

80%

Me - 1
Mulliple commercial - 1

co '13
L..

15' 20' adjacent Urban Ito residential Form I OTHER: No Min. 15' I 20' adjacent Urban I to residential Form OTHER: I NoMin. 15' 20' adjacent Urban I to residential Form I OTHER: NoMin. 15' I 20' adjacent Urban to residential Form I OTHER: No Min.

70'

5 stories

80%

U-Iorm
Tower spacing Visual intrusion

Q)

E E
0

Mu~iple commercial- 2

MC-2

0.8 base 1.0 max

90' 7 stories

80%

Proximity Slope U-Iorm setback Tower spacing Visual intrusion Proximity Slope U·lormsetback Tower spacing Visual intrusion Proxrrmtv Slope U·form setback Tower spacing V,sual intrusion

Office; retail and personal service; lodging Office; retail and personal service; lodging

o
Q)

Multiple commercial - 3

MC-3

1.2 base 1.5 max

115' 9 stories

80%

Multiple commercial - 4

MC-4

1.6 base 2.0 max

135' 10 stories

80%

Office; retail and personal service; lodging

P(A)
Parking

Surface

parking

NOli:,Addjtiooal

roxlltioos I11Sfi QUlIy,

eoosua tte Dallas Deyet:orreot COOs..
(15 )
Page 3


I.

AFFIDA VIT IN SUPPORT OF TEMPORARY RESTRAINING
ORDER AND TEMPORARY IN.JUNCTION

STATE OF TEXAS COUNTY OF DALLAS PERSONALLY came and appeared before me, the undersigned No named EDWARD BARKER, who is a resident of DALLAS County, State of TEXAS, and makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best ofhis/hcr knowledge: I am of sound mind, have legal capacity to make this affidavit and have personal knowledge of the facts recited to herein. 2. r reside at 9191 Garland Road, Apt. # 1126, Dallas, TX 75218, such that my residence abuts the land at Winfrey Point on White Rock Lake. I have a personal interest in preserving the ecological nature of the area as a user of the public park. 3. I have personally observed the destruction caused to the Winfrey Point habitat by current parking practices and city acquiescence and participation in encouraging the use of the Blackland Prairie as a make shift parking lot. 4. I spoke to Chief Perez of the Dallas Police Department on Monday April 2, 2012 at 7:30 A.M., concerning phone calls 1placed to 911 two weekends in a row resulting in police refusal to issue citations. I was informed at that time that a meeting would be held, not open to the public, during the week. 5. I had a conversation with the Dallas Police Department on April 9,2012 for an outcome of an administrative' meeting, in which I was told by Lt. Ham, DPDNE, on Friday April that the City Manager, Chief of Police, Park Board, and Park Department decided not to enforce the laws on the books.

r,

6. I have documented a long, written history of parking abuses for fee paid commercial events along E. Lawther Dr.

AFFIDAVIT IN SUPPORT ORDER AND TEMPORAR

OF TEMPORARY Y INJ UNCTION

RESTRAINING

1

7.

I have attempted to use political alternatives,

community

advocacy and other

communications experienced area. 8:

avenues to prevent the proposed pa-rking at Winfrey Point and of the Blackland Prairie ecosystem.

thus prevent the destruction

I have

no positive results or indication

of a change in plans to convert the

This Affidavit is being given to establish that the Dallas Arboretum Department, to use the undeveloped

and

Botanical Society, Inc. has been given permission the Dallas Park and Recreation Winfrey Point as a temporary

by the City of Dallas, by way of land at the Blackland Prairie

parking lot, endangering

ecosystem and the wildlife it sustains.

9.

Further, the Dallas Arboretum

and Botanical Society, Inc. has made it clear has affirmed it

to me personally that it intends to follow through with its plan to use Winfrey Point as a parking area, and the Dallas Park and Recreation Department approves and encouraged Dallas Arboretum. • 10. The issuance of the requested Temporary Restraining Order and Temporary of the habitat is the private handling of the parking situation by the

Injunction is the only thing that will preserve the status quo of Winfrey Point as a preservation of native Texas wildlife and organized destruction imminently to begin. FURTHER AFFIANT SA YETH NOT of ~

DATED this the')f~ay

f'1; \

,20__0-

My Commission
i',,{~:*~

Expires:

. .;r.,.~<

GAIL J. LEVINE

\~t::::,/~; ··1,.f;iif.,i~~··~
i\

MY COMMISSION EXPIRES

Acril 22, 20 13
EMPORARY INJUNCTION RESTRAINING 2

.

ORDER AND TEMPORARY

j


1.

AFFIDAVIT IN SUPPORT OF TEMPORARY RESTRAINING ORnER AND TEMPORARY INJUNCTION
STA TE OF TEXAS COUNTY OF DALLAS PERSONALL Y came and appeared before me, the undersigned named CHRISTOPHER and affirmation Notary, the within

BRYAN FEARS, who is a resident of DALLAS County, that the following matters, facts

State of TEXAS, and makes this his statement and General Affidavit upon oath of belief and personal knowledge and things set forth are true and correct to the best of his knowledge: I am of sound mind, have legal capacity to make this affidavit and have of the facts recited to herein. We have

personal knowledge

2.

My family and I reside at 1144 Bally Mote Dr., Dallas, TX 75218. have children.

one child, and my neighbors interest in preserving

My property is within 100 yards of the nature of the area, a wildlife

proposed parking lot at Winfrey Point on White Rock Lake. I have a personal the safety and unique ecological habitat, as a landowner and user of the public park. 3. I have personally observed the destruction the use of the Blackland caused to the Winfrey Point and participation in

habitat by current parking practices and city acquiescence encouraging 4.

Prairie as a make shift parking lot. community

I have personally attempted to use political alternatives,

advocacy and other communications I have experienced the area. 5.

avenues to prevent the proposed parking at of the Blackland Prairie ecosystem.

Winfrey Point and thus prevent the destruction

no positive results or indication of a change in plans to convert

This Affidavit is being given to establish that the Dallas Arboretum Department, to use the undeveloped

and

Botanical Society, Inc. has been given permission the Dallas Park and Recreation Winfrey Point as a temporary •

by the City of Dallas, by way of land at the Blackland Prairie
1

parking lot, endangering
RESTRAINING

ecosystem and the wildlife it sustains.
AFFI DAVIT IN SUPPORT OF TEMPORARY ORDER A ND TEMPORARY INJUNCTION

j

r

6.

Further, the Dallas Arboretum

and Botanical Society, Inc. has made it clear Department has affirmed it

to me personally that it intends to follow through with its plan to use Winfrey Point as a parking area, and the Dallas Park and Recreation approves and encouraged Dallas Arboretum. the private handl ing
0

f the parking situati on by the

7.

The issuance of the requested Temporary

Restraining

Order and Temporary

Injunction to stop the construction

of this parking lot is the only thing that will

preserve the status quo of Winfrey Point as a safe place for the neighborhood children and a nature reserve of native Texas wildlife.

8.

Further, the organized destruction

of the habitat is imminent as construction

will begin this week.

FURTHER

AFFIANT

SA YETH NOT


SWORN to subscribed before me, this3J"L day ___dL~._...;::?

, 20/~

ii6T AJ?VPUBLIC
My Commission Expires:

AFFIDAVIT IN SU I'PORT OF TEMPORA R Y RESTRAINING ORDER AND TEMPORARY INJUNCTION

2

AFFIDAVIT IN SUPPORT OF TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION
STATE OF TEXAS COUNTY OF DALLAS PERSONALL Y came and appeared before me, the undersigned No named HAROLD BARKER, who is a resident or DALLAS County, State of TEXAS, and makes this his statement and Affidavit in Support of Temporary Restraining Order and Temporary Injunction, upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his knowledge:
'-'

I am of sound mind, have legal capacity to make this affidavit and have personal knowledge of the facts recited to herein.

I.

2. I reside at 9191 Garland Road, Apt. # 1126, Dallas, TX 75218, such that my residence abuts the land at Winfrey Point on White Rock Lake. I have a personal interest in preserving the ecological nature of the area as a user of the public park. 3. 1 have personally observed the destruction caused to the Winfrey Point habitat by current parking practices and city acquiescence and participation in encouraging the use of the Blackland Prairie as a make shift parking lot. 4. I have personally attempted to use political alternatives, community advocacy and other communications avenues to prevent the proposed parking at Winfrey Point and thus prevent the destruction of the Blackland Prairie ecosystem. I have experienced no positive results or indication of a change in 'plans to convert the area. 5. This Affidavit is being given to establish that the Dallas Arboretum and Botanical Society, Inc. has been given permission by the City of Dallas, by way of the Dallas Park and Recreation Department, to use the undeveloped land at \Vinfrey Point as a temporary parking lot, endangering the Blackland Prairie ecosystem and the wildlife it sustains.
AFFIDAVIT IN SUPPORT OF TEMPORARY RESTRAIl'\ING ORDER AND TEMPORARY INJUNCTION 1

6.

Further, the Dallas Arboretum

and Botanical Society, Inc. has made it clear Department has affirmed it

to me that it intends to follow through with its plan to use Winfrey Point as a parking area, and the Dallas Park and Recreation approves and encouraged Dallas Arboretum. 7. The issuance of the requested Temporary Restraining Order and Temporary the private handling of the parking situation by the

Injunction is the only thing that will preserve the status quo of Winfrey Point as a preservation imminently

of nati ve Texas wildlife and organized destruction of the habitat is
to begin.

FURTHER

AFFIANT

SA YETH NOT


i~~-.

DATED this the

3D

day of

~9R~L....

,20j_L

Signature of Affiant

k4J ~
__ , 20/-2

SWORN to subscribed before me, this 3tI"day ~

JfOT ARY PUBLIC
My Commission Expires:
GAil J. LEVINE

{1.}l{.. :~Y COMMISSION EXPIRES ~M ~l,j,n~:~~ April22,2013

AFFIDA VIT IN SUPPORT OF TEMPORAl{ Y RESTRAINING ORDER AND TEMPORARY iNJUNCTION

2

§ 26.001. Protected

Land; Notice of Taking, TX PARKS & WILD § 26.001

for Public Hearing);
(5) A project requires the laking publ ic land designated and used as a park, recreat ion area. wi ldli fe refuge, historic site or scient: fie area, as covered in the !'arks a Ill! Wildl i rc Code. §§ 26.00 I d seq, or requires the taking of private land designated and used <IS an historic site. The state publ ic hearing requirement apphcs whether or not there is a finding the taking is de minimis under federal law,

or

(6) A project requiring
(7) An aviation

a public hearing under Tran~Rortil\i(ln Cod\<, § 203.021. a residential or commercial relocation.

project requiring

(8) In accordance with Transportation Code. § 201.604, between one and nine individuals submit a written request for a hearing and the district is unable to address the concerns of the individuals, or if ten or more individuals submit a written request for a hearing. Notwithstanding the preceding sentence, a public hearing is not required if a' public hearing has already been held concerning the project, or if the hearing requests are received after the environmcntal documcnt for the project is approved. (9) A project requires the taking of private land encumbered purchased under Natural Resources Code, Chapter 183. by an agricultural conservation easement

(c) Documents available for public inspection. The district shall make available to the public at designated locations for no less than 30 days before a public hearing the maps, drawings, environmental studies and documents concerning the project. For an EJ S project the district shall make avai lablc the DEIS for 45 days. (d) Notice of public hearing. (I) A notice shall contain [he information listed in this paragraph.

(A) Time, date, and location of the hearing. (8) A description
(C) A reference

of the project termini, need and purpose. improvements,

and right of way needs. about

to maps, drawings. environmental studies and documents, and any other information th c proj ect that is a vai lab le for pu b lie inspect ion at the des ignated locations. (D) A reference to the potential relocation assistance for displaces. (E) A statement for relocation of residences and businesses

and the availability

of

that written comments

may be presented

for a period of 10 days after the hearing.

(F) The address where written comments (G) Whether the project encroaches
011

may be submitted. a floodplain, wetland, or a sole-source aquifer recharge zone.

(H) A. statement, if applicable, that the project will require the taking of public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area, and whether the taking is de minim is under federal law, (I) A statement, if applicable, conservation easement. that the project will require the taking of land protected by an agricultural

(J) A statement that provision will be made for persons related to the public hearing if requested.

with special communication

or physical

needs

Westla'NNexf

@

2012 Thomson Reuters. No claim to original U.S Government

Works.

60

Sign up to vote on this title
UsefulNot useful