HOUSTON — The Cypress-Fairbanks school district is suing a utility district and its board members, alleging deprivation of rights in not being able to open an elementary school on time.

The Cypress-Fairbanks Independent School District filed a lawsuit Sept. 21 in the Houston Division of the Southern District of Texas against the Mills Road Municipal Utility District and board members Larry Carney, president, Hank Carlton, Jack Mayor, Bobbi Vasek and Alfred G. Rodriguez, alleging violation of the Fifth and Fourteenth Amendments of the U.S. Constitution.

According to the complaint, the Cypress-Fairbanks ISD will suffer irreparable harm for not recovering its deposit of $296,000, for the lack of a water supply and because its contractors will be unable to complete construction on the new Matzke Elementary School so it could open in fall 2017. 

The plaintiff alleges the defendants forfeited the school district's deposit and required the district to pay a new connection fee of $456,843.20 in order to obtain service and connect to the defendants' water and wastewater facilities.

The Cypress-Fairbanks ISD plaintiff seeks trial by jury, just compensation for the unlawful taking of the plaintiff's property, all damages, pre- and post-judgment interest, court costs and all other general relief. It is represented by attorneys Michelle R. Morris and Jamie L. Houston of Rogers, Morris, & Grover LLP in Houston.

Houston Division of the Southern District of Texas Case number 4:16-cv-02842

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