After That Show-Stopper at the Luxury Inn Two Weeks Ago, a Court Date Is Set For Tomorrow
|Photo by Patrick Michels|
|Mayor Dwaine Caraway, with City Attorney Tom Perkins standing next to him, asks DPD Chief David Brown to stop talking with attorney Frank Hernandez at the Luxury Inn shutdown two weeks ago.|
Well. Seems it takes more than a press conference to shutter a motel: Tomorrow in Judge Martin "Marty" Lowy's courtroom at the George Allen, Hernandez and the city will face off over the city's demand for a temporary restraining order, which was filed in Dallas County District Court late last week.
In the TRO request, which follows, the city says the motel was perfectly legal till January 13, 2010, at which time the city council retooled the Buckner Boulevard Special Purpose District and non-conforming-use-d the motel out of existence. The PD do-over, which was approved by the City Plan Commission at the end of November 2009, called for "prohibiting lodging and residential hotel uses." The city said it gave owners the a year to "wind down non-conforming uses" or apply for more time, and that the Patels did not ask for an extension.
Hernandez says the Patels have closed the Luxury and that the suit "is not necessary." He says he was told by Assistant City Attorney Melissa Miles that, nope, it's still operating. "I told her, 'That's not what my people say,' but they can testify and we can testify and show we're not renting to anyone," Hernandez tells Unfair Park. He expects to file his response to the city's suit today.
"Melissa told me last week she was going to file the TRO, and I said, 'We're already closed. It's not necessary," Hernandez says. "I think she's doing it because of Dwaine Caraway." Luxury Petition