FILED

DALLAS COUNTY
12/28/2015 10:58:49 AM
FELICIA PITRE
DISTRICT CLERK

NO. DC-15-13993
CITY OF DALLAS
Plaintiff,

v.
DENNIS TOPLETZ, ET AL.
Defendant.

IN THE DISTRICT COURT

193RD-L JUDICIAL DISTRICT

OF DALLAS COUNTY, TEXAS

DEFENDANT'S ORIGINAL ANSWER

NOW COMES Defendant, Estate of Jack Topletz, by Marvin Levin as Independent

Executor, one of the named Defendants in the above-entitled and numbered cause, and files this
Original Answer, and shows the Court:
PARTY IDENTIFICATION INFORMATION

The last three numbers of the Estate of Jack Topletz tax identification number is 653.

OBJECTIONS AND EXCEPTIONS

1)

This Defendant objects and specially excepts to the allegations contained in Plaintiffs
Original Petition, and says that same, as to this Defendant, are too vague, indefinite and
uncertain, and do not properly apprise this Defendant of the claim which Plaintiff is
making against this Defendant, the specific times and places of the incidents
complained and the proof that will be offered on trial hereof with certain specificity so
as to properly allow your Defendant to determine the exact matter now in existence and
complained of as to this Defendant in order to allow Defendant, as an individual, to
prepare and present a proper defense thereto, of which special exceptions Defendant
prays judgment of the Court.

2)

This Defendant objects and specially excepts to Plaintiff's paragraph 18, stating "The real
property defendants listed in paragraphs 9-16 are hereinafter collectively referred to as
the "Defendant Properties." for the reason that it does not allege that this Defendant has
an interest in "all" of such "properties", but, in fact alleges multiple and various
individual ownerships of each of them, and should be stricken from this petition against
this Defendant, of which special exception this Defendant prays judgment of the Court.

3)

This Defendant objects and specially excepts to Plaintiff's paragraph 19, stating "The real
property defendants listed in "Exhibit I attached to this Petition are hereinafter
collectively referred to as the "Topletz Properties." for the reason that it does not allege
that this Defendant has an interest in "all" of such "properties", but, in fact alleges
multiple and various individual ownerships of each of them, and should be stricken
from this petition against this Defendant, of which special exception this Defendant
prays judgment of the Court.

4)

This Defendant objects and specially excepts to Plaintiff's paragraphs 24 through 41 as to

each and every allegation therein contained in each and every one of such allegations in
each paragraph, as to this Defendant, all of which are too vague, indefinite, uncertain
and global and does not give this Defendant fair, cognizable and adequate notice of the
facts andlor causes of action upon which the pleader bases its claim of actions or
inactions by this Defendant, and should be stricken from Plaintiff's pleading, of which
special exception this Defendant prays judgment of the Court.

5)

This Defendant objects and specially excepts to Plaintiff's paragraphs 69 and 70 for the
reason that this Defendant is not an occupant of any of the homes alleged by Plaintiff
and the occupants andlor their family members or representatives living in the

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properties and maintaining it as their homes are not a party to this suit and such relief
would be in violation of their Constitutional right to privacy without notice, and should
be stricken from Plaintiff's pleading, of which special exception this Defendant prays
judgment of the Court.
FACTS
Background of Topletz Ownership of Residential Rental or Financed Homes
6)

In the late 1800's a young man, Solomon Topletz, encouraged by his family, left the
Czarist city ofKretenga, Lithuania to make the journey to Texas with little but a desire
to be a part of the a new, free country. He made his way through Galveston traveled up
toward the Indian Country. In Bonham obtained a wagon and horses and supplies and
household goods and proceeded to the new settlements in the new Oklahoma territory
as a "drummer" [i.e. a salesman on a wagon that beat a drum, etc. to gather a crowd and
then offered his supplies for sale]. After gathering a stake to do so, he took a wife in
Bonham and moved to Nacogdoches and opened a general merchandise store and
started a family. As his family grew and obtained school age, he decided to move to the
growing City of Dallas. Shortly thereafter he met Fred Florence who was starting a new
banle He opened a bank account and a store near the Courthouse Square. He raised a
family of six and all of his sons served honorably in the service of their country during
wartimes. As the great depression moved in and he observed that many of his
neighbors, customers and others were losing their homes and the banks and mortgage
companies had restricted their lending to only the higher income customers, and were
foreclosing and boarding up homes and offering land and home for sale. In 1909 he
started buying these homes and he hired the unemployed craftsmen in their

neighborhoods to repair them and offer them for rent or sale at affordable prices. His
business theory being that it was better to provide affordable housing for use to keep
the property available and allow a person that did not want to be warehoused in sharing
an apartment or other accommodations to be able to live in his own home like an owner
and the land ownership in this growing city would take care of the owner. He lived in
south Dallas and much of his purchases and investments were in south Dallas. He was
an owner and taxpayer, not a developer, speculator, real estate manipulator or "flipper",
although he built or financed and helped many homes and churches build and expand in
south and west Dallas where bank or other fmancing was unavailable or unobtainable.
When he died in 1957 many low-income homeowners and renters and their children
that were raised in the homes provided by him paid their respects and thanks to his
family for his thoughtfulness, kindness and generosity. Thereafter the demand
affordable homes for $500.00 a month or less for lower income Dallas residents
continued and his two sons, Harold and Jack, attempted to continue that tradition until
their own deaths.
7)

Now, following upon their deaths, the City of Dallas is, by its actions, attempting to
displace hundreds of lower income residents of lower taxed properties by this action
without their consent and a taking of their homes and, in some instances, ownership
interests in their homes without just and lawful compensation. The city is attempting to
explain away its growing drug problems and lack of having or providing sufficient
affordable housing to lower income Dallasites by attacking the only sources of
affordable housing available in Dallas. Developers, with the unintentional help the of
the Mayor's "Grow South" program, have now touched on the low valuation residential

properties in near south Dallas and other areas in their search to obtain and enhance
inexpensive housing and property to un-affordable for the present residents. Many
policemen, firemen,

city workers, mechanics, laborers, construction workers,

secretaries, clerks, school teachers, and hourly workers who have used their hands,
minds and muscles to build our city, all of whom work in the City of Dallas, must go
out of the city limits in order to find affordable crime-free places to live.

GENERAL DENIAL
8)

Without waiving the above objections and exceptions, but still insisting on same, for
Answer, if same is necessary, this Defendant denies each and every allegation of
Plaintiff's Original Petition, and demands strict proof thereof as required by the Texas
Rules of Civil Procedure.

DISCLOSURES
9)

Pursuant to Tex. R. Civ. P., Rule 194, you are requested to disclose, within thirty (30)
days of service of this request, the information or material described in Tex. R. Civ. P.,
Rules 194.2(a)-(f), and Rules 194.2(g), (h), (i) and (I).

PRAYER

Defendant prays the Court, after notice and hearing or trial, to enter judgment in favor of
this Defendant, award this Defendant the costs of court, attorney's fees, and such other and
further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
LEVIN WEINBERG & LEVIN

By:

/Yl~ ;;c?~s
Marvin L. Levin
Texas Bar No. 12255000
7509 Inwood Road, Suite 300
Dallas, Texas 75209
Tel. (214) 350-7048
Fax (214) 748-7048
Attorney for Defendant
Marvin Levin

CERTIFICATE OF SERVICE

I certify that on December ..2B~015 a true and correct copy of Defendant's Original
Answer was served by fax on Warren M. S. Ernst, Dallas City Attorney at 1500 Marilla, 7BN,
Dallas, Texas, FAX# 214-670-0622.

'?1~~~

Marvin L. Levin

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