Pleasanton Housing Finance Corporation and the Board Members of the Pleasanton Housing Finance Corporation, in Their Official Capacities v. City of Missouri City, Texas & Sienna Parks & Levee Improvement District

• Court: Court of Appeals of Texas
• Decided: June 24, 2025
• Docket: 15-25-00113-CV
• Status: Published

Opinion

Filed 6/5/2025 4:05 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Erica Rodriguez

CAUSE NO. 25-DCV—328899 CITY OF MISSOURI CITY, IN THE DISTRICT COURT OF

§§§§§§§§§§§§§§§§§ TEXAS & SIEN NA PARKS & LEVEE IMPROVEMENT DISTRICT, Plaintiffs, vs. FORT BEND COUNTY, TEXAS PLEASANTON HOUSING FINANCE CORPORATION AND THE BOARD MEMBERS OF THE PLEASAN TON HOUSING FINANCE CORPORATION, IN THEIR OFFICIAL CAPACITIES, Defendants. 240TH JUDICIAL DISTRICT

ORDER GRANTING TEMPORARY IN JUN CTION AND SETTING CASE FOR TRIAL ON THE MERITS

Plaintiffs, the City of Missouri City, Texas ("Missouri City") and Sienna

Parks & Levee Improvement District (the "District"), have requested a

Temporary Injunction against Defendants, the Pleasanton Housing Finance

Corporation ("Pleasanton HFC") and the members of its Board of Directors,

each in their official capacity as board members of the Pleasanton HFC.

On June 6, 2025, the Court held a virtual hearing on the Plaintiffs'

request for a temporary injunction. At that hearing, the parties presented

their arguments and evidence.

ROUTED To COURT 6/6/2025 ER RT'D To D. CLERK 6/9/2025 M0 It appears to the Court, after considering the arguments and evidence

presented by the parties during the June 6, 2025 virtual hearing, that

Defendants are seeking to acquire property outside of the City of Pleasanton

and to render that property tax exempt in violation of the rights of Missouri

City, the District, and other Fort Bend County taxing jurisdictions and that

the Plaintiffs are likely to prevail on their claims that Defendants are doing so

in violation of both: a) Section 394.903(a) of the Texas Local Government Code,

as that section read prior to the amendments to Chapter 394 adopted by HB

21; and b) Section 394.031 of the Texas Local Government Code as amended

by HB 21.

The Court finds that Missouri City and the District will suffer

irreparable injury if Defendants are not enjoined from their efforts to acquire

the Royal Sienna apartment complex and obtain a tax exemption. The

irreparable injury will be the loss of the right to assess and collect taxes on the

property to offset the cost of providing public services to the complex and its

tenants.

Therefore, the Court GRANTS Plaintiffs’ Request for a Temporary

Injunction against Defendants, the Pleasanton Housing Finance Corporation

and the members of its Board of Directors, each in their official capacity as

board members of the Pleasanton Housing Finance Corporation, and orders as

follows:

2 1. Defendants, their agents, employees, or anyone acting with them, at their direction, or on their behalf, are enjoined from taking any further action toward the acquisition of the property located at 5222 Avalon Point in Fort Bend County and known as the Royal Sienna apartments or any other property located in Missouri City, its ETJ, or the District; and

2 dants, their agents, employees, or anyone acting with them, at their 1 or on their behalf, are restrained from taking any action to seek a ta tion for the property located at 5222 Avalon Pomt 1n Fort Bend County wn as the Royal Slenna apartments or any other property located 1n 1 City, 1ts ETJ or the D1str1ct

3. Pursuant to section 6.002 of the Texas Civil Practice & Remedies Code and in article XI, section 11.02 of Missouri City's Charter, the Plaintiffs are not required to post an injunction bond.

4. This Order Granting Temporary Injunction shall remain in effect until further order of this Court.

This case is hereby set for a trial on the merits, with respect to the

ultimate relief sought, for the two-week period beginning on

Pre-Trial September 30,2025 at 1:00 PM Virtual - -

Jury Trial October l4, 2025 at 9:00 AM —

6/9/2025 ISSUED this day of -.2025

3 mg J'(J_DGE PRESIDING

3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Kaela Olson on behalf of John Hightower Bar No. 9614200 kolson@olsonllp.com Envelope ID: 101682916 Filing Code Description: Proposed Order Filing Description: Order Granting Temporary Injunction and Setting Case for Trial on the Merits Status as of 6/6/2025 8:23 AM CST

Associated Case Party: City of Missouri City, Texas

Name BarNumber Email TimestampSubmitted Status John Hightower 9614200 jhightower@olsonllp.com 6/5/2025 4:05:50 PM SENT Allison Killian 24099785 akillian@olsonllp.com 6/5/2025 4:05:50 PM SENT E. Joyce lyamu ejiyamu@missouricitytx.gov 6/5/2025 4:05:50 PM SENT Jordan Marget 24130447 jmarget@olsonllp.com 6/5/2025 4:05:50 PM SENT

Associated Case Party: Pleasanton Housing Finance Corporation

Name BarNumber Email Timestam pSubmitted Status Kim Decker kdecker@chasnoffstribling.com 6/5/2025 4:05:50 PM SENT Daniel Lecavalier 24129028 dlecavalier@chasnoffstribling.com 6/5/2025 4:05:50 PM SENT Lisa O'Sullivan Iosullivan@chasnoffstribling.com 6/5/2025 4:05:50 PM SENT Blake W.Stribling bstribling@chasnoffstribling.com 6/5/2025 4:05:50 PM SENT

Associated Case Party: Sienna Parks & Levee Improvement District

Name BarNumber Email TimestampSubmitted Status Joel Cleveland Joel@mullerlawgroup.com 6/5/2025 4:05:50 PM SENT