Dallas City Attorney’s Office statement regarding lawsuit against Hinga Automotive

July 6, 2016

Dallas City Attorney’s Office statement regarding lawsuit against Hinga Automotive
 
In 2005, the Dallas City Council rezoned the lower Ross Avenue area.  The new zoning made some existing businesses (including vehicle repair shops such as Hinga Automotive) nonconforming.  The zoning gave those businesses until April 2010 to comply with the new zoning.  Both Texas and federal courts have repeatedly upheld the validity of similar ordinances, holding that such ordinances do not result in a taking of property or any other rights.
 
The owner of Hinga Automotive, Mr. Hinga Mbogo, requested the City’s board of adjustment to give him an extension of the April 2010 deadline.  The board granted his request and gave him an additional three years to comply.
 
Mr. Hinga later requested that the City Council give him a specific use permit (SUP) to operate his business.  The Council granted him an SUP for an additional two years, which ended on August 14, 2015.   By this time, all other properties in the lower Ross Avenue area had complied with the zoning.  However, Mr. Hinga applied for yet another SUP for his business, which was not granted.
 
Over the last few months the City Attorney’s Office several times requested Mr. Hinga to comply with the zoning by discontinuing his vehicle repair business at this location. He did not.  As a last resort, the City filed a lawsuit yesterday against Mr. Hinga and Hinga Automotive.  The lawsuit seeks a court order requiring the defendants to comply with the current zoning and to pay civil penalties for each day they remain in violation of the zoning.