8/22/2019 4:16 PM

Velva L. Price
District Clerk
Travis County
D-1-GN-19-005090
Cause No. D-1-GN-19-__________
005090 Carrisa Stiles

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TRAVIS COUNTY, TEXAS § THE DISTRICT COURT OF
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Plaintiff, §
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and §
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THE STATE OF TEXAS §

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a necessary and indispensable party § TRAVIS COUNTY, TEXAS

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Intervenor, §

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IRMA GOMEZ, URIEL CASTRO, §
AND MUSTANG KIMBRO §
ESTATES, LLC §
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Defendants. § ______ JUDICIAL DISTRICT
250TH
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PLAINTIFF’S ORIGINAL PETITION

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Irma Gomez, Uriel Castro, and Mustang Kimbro Estates are allowing raw sewage
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to discharge from two points on their properties. Gomez is straight piping sewage from her
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mobile home onto the ground. These discharges are made possible by an illegal water
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supply provided by a home Uriel Castro is renting from Mustang Kimbro Estates, LLC.
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Castro’s rental home is discharging waste due to a malfunctioning septic system. Travis
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County asks the Court to penalize the defendants for these violations and enjoin them from
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continuing these illegal activities.

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Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 1
 
 1. Discovery

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1.1 Discovery will follow a level two discovery control plan.1

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1.2 This case is not subject to the restrictions of expedited discovery under Rule

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169 because the County seeks non-monetary relief.

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2. Parties

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2.1 Travis County, Texas, is the plaintiff.

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2.2 The State of Texas, on behalf of the Texas Department of State Health

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Services (DSHS), is a necessary and indispensable party to this suit.2 Travis County will

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serve the DSHS with citation if the agency does not voluntarily appear.
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2.3 Irma Gomez is an individual that may be served with process at 12523
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Kimbro Road, Travis County, Texas 78653 or wherever she may be found.
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2.4 Uriel Castro is an individual that may be served with process at 4803 Misty
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Slope, Austin, Texas 78744, or wherever he may be found.

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2.5 Mustang Kimbro Estates, LLC, is a limited liability company doing business
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in Travis County, Texas. Mustang Kimbro Estates, LLC, may be served by serving its
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registered agent – Uriel Castro – at 4803 Misty Slope Lane, Austin, Texas 78744 or wherever
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he may be found.
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1
Tex. R. Civ. P. 190.3.
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Tex. Health & Safety Code § 341.092(e).
Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 2
 
 3. Jurisdiction and Venue

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3.1 The Water Code grants this Court jurisdiction and provides for venue in

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Travis County.3

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4. Applicable Law

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4.1 A public nuisance includes sewage, human excreta, wastewater, or other

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organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential

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instrument or medium in disease transmission to a person or between persons.4

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4.2 Human excreta in populous areas must be disposed of properly via methods

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approved by DSHS. The disposal system shall prevent the pollution of the surface soil or
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the creation of any other public health nuisance.5
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4.3 The Defendants may not cause, suffer, allow, or permit a violation of the
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Health & Safety Code or a rule adopted thereunder.6

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4.4 The County Attorney may file suit to enjoin violations and recover civil
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penalties.7 Civil penalties are between $10 and $200 per day per violation.8
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5. Background
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5.1 In June 2017, Mustang Kimbro purchased lots 4 and 5 of the Kimbro Road
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Estates subdivision. These lots are located at 12522 and 12542 Kimbro Road. These lots
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form a contiguous tract of nearly 24 acres.

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Tex. Water Code § 7.105.
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Tex. Health & Safety Code § 341.011(5).
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Tex. Health & Safety Code § 341.014(a).
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Tex. Health & Safety Code § 341.092(a).
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Tex. Health & Safety Code § 341.092(d).
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Tex. Health & Safety Code § 341.092(b).
Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 3
 
 5.2 Mustang Kimbro and Uriel Castro then began illegally subdividing the

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property and selling one acre lots.9

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5.3 Irma Gomez purchased one of these lots, and moved a mobile home onto

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the property.

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5.4 Gomez’s home is not serviced by a water or sewer utility.

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5.5 Gomez receives water from an above ground pipe that is connected to a

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home at 12542 Kimbro Road.

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5.6 This home is owned by Mustang Kimbro Estates, LLC.

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5.7 Castro is renting the home from Mustang Kimbro Estates, LLC.
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A. Discharges from the Gomez home
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5.8 On June 11, 2018, a Travis County investigation documented a straight pipe
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discharge of sewage from the Gomez home. Water was provided by the Castro rental home.
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Travis County hand delivered its first Notice of Violation to Gomez. That NOV directed
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Gomez to “remove discharge pipe cease discharge.”

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5.9 On September 11 and 26, 2018, Travis County investigations once again
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documented straight pipe discharge of sewage and standing effluent at the Gomez home.
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Water was being provided from the Castro rental. During each of these investigations,
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NOVs were left at Gomez’s home. Both of these notices directed Gomez to stop
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discharging waste.
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This illegal activity is addressed in a separate lawsuit, Travis County v. Mustang Kimbro Estates, LLC
et al, Cause No. D-1-GN-18-004770.
Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 4
 
 5.10 On December 20, 2018, a Travis County investigation found a straight pipe

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onto the surface coming from the Gomez house.

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5.11 On July 8, 2019, a Travis County investigation found straight pipe discharge

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from the Gomez house, with standing effluent. Water was being provided via pipe from

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the Castro rental. A NOV was left on site directing Gomez to “cease discharge

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immediately.”

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5.12 On July 11, 2019, a Travis County investigation found straight pipe discharge

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from the Gomez house, with standing effluent. Water was being provided via pipe from

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the Castro rental. A NOV was left on site directing Gomez to “cease sewage discharge
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disconnect water.”
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5.13 On July 12, 2019, a Travis County investigation found straight pipe discharge
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from the Gomez house, with standing effluent. A NOV was left on site directing Gomez
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to “cease discharge.”
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5.14 On July 15, 2019, a Travis County investigation found straight pipe discharge
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from the Gomez house, with standing effluent. A NOV was left on site directing Gomez
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to “cease discharge.”
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B. Discharges from the Castro home

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5.15 On July 8, 2019, a Travis County investigation documented standing effluent

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and a saturated septic drain field at the Castro home. A NOV was left on site.
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5.16 On July 12, 2019, a Travis County investigation documented standing

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effluent and a saturated septic drain field at the Castro home. A NOV was given to Jose
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Castro directing him to “cease discharge.”

Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 5
 
 5.17 On July 15, 2019, a Travis County investigation documented a saturated

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drain field and evidence of large fluid discharge around the septic tank at the Castro home.

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A NOV was left on site.

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6. First Claim – Public Nuisance

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6.1 Irma Gomez’s home has been discharging sewage onto the ground daily

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since at least June 11, 2018.

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6.2 These discharges have been caused, suffered, allowed, or permitted by both

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Irma Gomez and her water suppliers, Uriel Castro and Mustang Kimbro Estates, LLC.

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6.3 Castro’s home has been discharging sewage onto the ground daily since at
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least July 8, 2019.
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6.4 These discharges have been caused, suffered, allowed, or permitted by both
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Uriel Castro and Mustang Kimbro Estates, LLC.

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7. Injunctive Relief
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7.1 The Health & Safety Code allows Travis County to obtain injunctive relief
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to remedy violations or threatened violations of the public nuisance statutes.10

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7.2 As set forth above, the defendants are currently violating the Health and
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Safety Code. Travis County requests that after notice and hearing the Court temporarily
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enjoin the defendants as follows:

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10
Tex. Health & Safety Code § 341.092(d).
Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 6
 
 A. Gomez is prohibited from discharging or allowing the discharge of

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any sewage or greywater from her home at 12523 Kimbro Road,

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Travis County, Texas 78653;

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B. Gomez is ordered to turn off the incoming water supply to 12523

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Kimbro Road, Travis County, Texas 78653;

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C. Gomez, Castro, and Mustang Kimbro Estates, LLC, are ordered to

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remove water line between the Gomez home and the Castro home

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and ensure it is no longer stored at 12523 or 12542 Kimbro Road,

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Travis County, Texas 78653; and
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D. Castro and Mustang Kimbro Estates are ordered to turn off the
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incoming water supply to the Castro home at 12542 Kimbro Road,

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Travis County, Texas 78653.

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7.3 Travis County asks that, after trial on the merits, the Court permanently
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enjoin the defendants as described above.

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8. Civil Penalties
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8.1 The Health & Safety Code authorizes civil penalties between $10 and $200
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for each day of each public nuisance violation alleged in this petition.11 Public nuisance civil
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penalties must be evenly divided between Travis County and the State of Texas.12
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8.2 The County seeks civil penalties for each day of each violation against each
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defendant as alleged in this petition.

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Tex. Health & Safety Code § 341.092(b).
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Tex. Health & Safety Code § 341.092(i).
Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 7
 
 Prayer

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Travis County requests:

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1. the Court grant judgment for appropriate civil penalties against Irma Gomez,

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Uriel Castro, and Mustang Kimbro Estates, LLC, including post-judgment

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interest;

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2. the Court issue temporary and permanent injunctions against Irma Gomez,

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Uriel Castro, and Mustang Kimbro Estates, LLC, for the injunctive relief

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described above; and

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3. for such other and further relief, at law and in equity, to which the County
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may show itself justly entitled.
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Respectfully submitted,
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DAVID A. ESCAMILLA
TRAVIS COUNTY ATTORNEY
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P.O. Box 1748

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Austin, Texas 78767

512-854-9513
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512-854-4808 (fax)
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By: /s/ Ryan P. Fite

Ryan P. Fite
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Assistant County Attorney

State Bar No. 24045873
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ryan.fite@co.travis.tx.us
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ATTORNEYS FOR TRAVIS COUNTY

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Travis County and the State of Texas v. Irma Gomez, Uriel Castro, and Mustang Kimbro Estates, LLC
Plaintiff’s Original Petition 8
 
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