Real Estate and Construction Litigation

Temporary Injunction for Developer in Dispute with North Texas Municipality

NuRock Development, LLC, represented by Jim L. Flegle and Carol E. Farquhar, obtained a temporary injunction against The City of Corinth, Texas requiring the City to issue certificates of occupancy for buildings comprising the Tower Ridge Apartments.

Tower Ridge is an affordable housing project supported by tax credits and subject to state and federal governmental regulation. NuRock is based in Atlanta, Georgia and has projects in several states. It routinely wins awards for its projects and services.

The Tower Ridge project was also the subject of a prior Fair Housing Act claim brought by NuRock against the City of Corinth in federal court. That action was settled, with the City agreeing to pay NuRock $120,000, among other things.

The dispute arose because the City refused to issue certificates of occupancy as the Tower Ridge buildings were completed. The City contended that the Tower Ridge Road constituted a hazard and was detrimental to the health, welfare, and public safety, of the citizens of Corinth and the Tower Ridge occupants. The City initiated the litigation by filing a petition seeking to halt construction at the project. NuRock filed a counter-request for a temporary injunction to force the City to issue certificates of occupancy.

After the commencement of an evidentiary hearing on the requested injunctive relief, the trial court determined that relief should be granted in favor of NuRock. The Court entered a temporary injunction requiring the City to issue certificates of occupancy as the buildings were completed and passed inspection, among other things.

The litigation is on-going.

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