A group of displaced tenants of The Cooper have secured legal protections to ensure the temporary preservation of their personal belongings and former apartments.
The Cooper and its owner, Lightbulb Capital Group, are barred from demolishing the personal property of 49 former residents, per a legal agreement that came amid the group’s lawsuit against the companies.
The agreement, filed Aug. 28 in Tarrant County’s 48th District Court, states that The Cooper may not remove or destroy the group’s personal property “unless necessary for the reasonable and necessary structural stabilization, safety remediation or repair work required to preserve and/or restore Building 1.”
In early August, the 49 tenants sued The Cooper’s owners, its former and current property management and the electricians servicing an HVAC unit on the property the day of the fire that displaced 800-plus residents. The suit seeks $1 million in damages, claiming that recklessness and negligence by the electricians led to the fire.
With the lawsuit, the tenants requested a temporary injunction to stop The Cooper’s management from disposing of tenants’ belongings left behind in their former apartments. The plaintiffs’ attorneys argued the legal reassurance was necessary because of “major distrust” of The Cooper.
After hearing two days of attorneys’ arguments and witness testimonies, Judge Christopher Taylor said Aug. 20 that he intended to draft an injunction.
Instead, both parties signed a Rule 11 agreement, a voluntary agreement that legally binds them on any given subject within a lawsuit.
Under the agreement, The Cooper and its owner and property management are also barred from entirely demolishing the property’s Building 1 without providing notice to the 49 tenants. The legal agreement does not prohibit the companies from “reasonable and necessary” repair work and stabilization “even if such work may result in incidental interior damage or loss of personal property.”
After the fire, The Cooper stationed 24/7 security personnel at the property, installed plywood coverings on all ground floor windows and doors, and erected 6-foot-tall chain-link fencing around its perimeter. The Cooper must maintain these security measures, according to the agreement.
With the agreement, the tenants’ lawsuit seeking damages will continue. A court hearing has not been set.
On Sept. 2, Armando Rodelo, the electrician servicing The Cooper the day of the fire; Cano Electric, the company Rodelo works for; and Larry Cano, the electric company’s owner — who are each named in the lawsuit — filed their defenses, saying they deny every allegation.
The defendants said they performed their work “in accordance with applicable industry standards,” according to court filings. They claim that alleged damages were caused “by the negligent acts and/or omissions of other parties, including responsible third parties over whom Cano exercised no control and for whose acts and/or omissions Cano cannot be held responsible.”
Cecilia Lenzen is a government accountability reporter for the Fort Worth Report. Contact her at cecilia.lenzen@fortworthreport.org.
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