5826 Interests, Ltd. and the Real Property Known as 6213 Richmond Avenue, Houston, Harris County, Texas v. City of Houston

Summary

The Fourteenth Court of Appeals of Texas affirmed an amended temporary injunction against 5826 Interests, Ltd. and property known as 6213 Richmond Avenue. The court held that evidence supported findings that the property owner knowingly tolerated common-nuisance activities associated with an unlicensed sexually oriented business and that the trial court could order closure of the defendants’ business if the injunction was violated.

Holdings

1. The trial court did not abuse its discretion by including 5826 Interests in the temporary injunction because evidence showed that the owner, through its representative, knew of the unlawful activity and the activity continued for months afterward.
2. The trial court did not abuse its discretion by ordering that violation of the amended temporary injunction could result in closure of the defendants' business on the property.

Questions Presented

1. Whether the trial court abused its discretion by including 5826 Interests, the property owner, in the temporary injunction based on evidence that it knowingly tolerated common-nuisance activity.
2. Whether the trial court abused its discretion by authorizing closure of the defendants' business on the property upon violation of the amended temporary injunction.

Disposition

affirmed