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Genssler v. Harris County

Asserting that appellants had failed to take any remedial measures and that the property posed an immediate risk of harm to the public, Harris County, acting through the Texas Commission on Environmental Quality, sought and received the appointment of a receiver who was charged with remediating the hazardous conditions on the property. The portion of the trial court's order appointing a receiver for the purposes of remediating the properties is affirmed. However, the portion of the trial court's order appointing a receiver over the assets and estate of appellant Klaus Genssler, individually, is reversed and remanded to the trial court to modify. Houston's 1st Court of Appeals, No. 01-10-00593-CV, 10-08-2010

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OPINION

In this interlocutory appeal, appellants, Klaus Genssler, U.S. Oil Recovery, L.P., MCC Recycling, L.L.P., Genssler Environmental Holdings, L.L.C., and U.S. Oil Recovery, LLP, challenge the trial court’s order appointing a receiver.*fn1 Harris County and the State, acting through the Texas Commission on Environmental Quality, brought suit against the appellants for environmental violations on the real property located at 200 and 400 North Richey, Pasadena, in Harris County. After evidentiary hearings, the trial court issued a temporary injunction against appellants requiring appellants to take measures to begin removing hazardous material and prevent further hazardous materials, wastewater, or sewage from discharging from the property. Asserting that appellants had failed to take any remedial measures and that the property posed an immediate risk of harm to the public, Harris County sought and received the appointment of a receiver who was charged with remediating the hazardous conditions on the property. The receiver was authorized to seize and sell assets belonging to the appellants to pay for the cost of remediation and of the receivership. We affirm in part and reverse and remand in part.

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