Friday, Apr. 04, 2008

Snow cone stand business owner files suit against Justin

Lawsuit lists 34 charges, alleges conspiracy

By Jay Board

Contributing Writer

A Lantana woman alleges a slew of charges against the city of Justin, its elected officials, some employees and contract workers in a lawsuit filed in a Denton County court earlier this week.

Stephanie Graham lists 34 charges ranging from extortion and racketeering to violations of her constitutional rights in the March 24 lawsuit, which stems from a yearlong zoning dispute over her snow cone and coffee stand, Jett’s Hangar.

Graham, who is representing herself, alleges that city officials conspired to “act in order for [their] personal gain” and to defraud her of property and business. She maintains that her business is not in violation of any city codes or ordinances.

Speaking on behalf of the city is attorney Rob Dillard, who could not be reached for comment on the suit, but had acknowledged in a prior interview the city made mistakes in handling Graham’s case, but that that the city had searched for resolutions.

Graham bought the stand, formerly known as Java Junction, on Texas 156 in February 2007. Two months later, the city, citing code violations, ordered it to close.

The ensuing back-and-forth involved complicated and contentious exchanges over building and business standards, which delayed the stand’s re-opening and stunted potential profits. It recently culminated in the lawsuit and the city’s issuance of a temporary permit to operate the business.

The special-use permit, approved March 10 by the City Council, allows the stand to open for up to two years. Graham may reapply for the permit when it expires.

But Graham argues that the stand qualifies for permanent status, pointing to utility connections and vendor and health permits granted by the city. Temporary status, she said in the suit, allows the city to “restrict and/or terminate my business operations indefinitely.”

The lawsuit said: “The City of Justin was growing and had plans to secure big developments with the forecasted Big Ballpark already in the works. This Ballpark was to be largely funded by Concession Sales and Tournaments which [Graham’s stand] would be in direct competition.”

The city recently received a state grant to pay for a portion of construction of the park on 20.25 acres behind Justin Elementary School.

But Dillard has said the stand fails to meet several standards for permanent buildings and that prior itinerant permits had been renewed in error.

“[Officials] looked for the proper mechanism that could help her. We came up with that,” Dillard said of the temporary permit in an interview March 22. “We told her that in April, and she didn’t do anything about it until December 2007,” when she applied for the permit.

Graham’s lawsuit seeks a permanent injunction and reimbursement of lost earnings, attorney fees and court costs.

Defendants include council members and a former mayor, the city manager and assistant city manager, six staff members, a building inspection company and four of its workers, who have not been indentified.