Lawsuit: Illegal Dumping Endangers Affordable Housing Development in Denton

Dallas company seeking damages from illegal dumping operation on proposed apartment complex site

DALLAS--(BUSINESS WIRE)--Trial attorneys at Rogge Dunn Group have filed a lawsuit in Denton County on behalf of a local, family-owned development company whose planned apartment development is being thwarted by what it describes as an illegal dumping operation.

The lawsuit alleges that commercial engineering and construction company Mountain Cascade of Texas LLC dumped tons of tainted soil without permission on a 10-acre tract of land that Dallas-based MADII LP acquired possession of in 2023 to construct and operate a 307-unit multi-family apartment complex.

Mountain Cascade did not adequately clean up the tainted soil, which jeopardized financing for the project, so MADII has been forced to incur “substantial costs” to ready the site for construction, the lawsuit alleges.

“Our client is seeking the damages they are entitled to after another company negligently tainted the site of a much-needed affordable housing project in Denton,” attorney Rogge Dunn said. “We are committed to helping MADII get this project back on track and ensuring the company is made whole financially.”

Background

Since 2023, MADII has spent more than $2.2 million designing and entitling a 307-unit apartment complex, but the site failed an environmental review after hundreds of truckloads of dirt were dumped there, according to the lawsuit. The added soil contained metals at concentrations not suitable for residential areas, which must be removed, along with the native soil it tainted, for the project to move forward.

The company discovered the unauthorized dumping in August 2024, and eventually, with the help of the city of Denton, traced it to Mountain Cascade, a subsidiary of a California corporation that had been working on a project for the city, the lawsuit states.

Mountain Cascade blamed the unlawful dumping on a “bad actor” employee and pledged to resolve the issues at MADII’s site.

“Mountain Cascade did not make good on that promise,” the lawsuit alleges.

The contractor removed some soil from the site, but that was not enough for it to pass its environmental review, according to the lawsuit. Representatives from Mountain Cascade initially seemed to be receptive to performing additional remediation at the site but then stopped communicating with MADII.

The case is MADII, LP, v. Mountain Cascade of Texas, LLC, Cause No. 25-2049-481 in the District Court of Denton County, Texas.

About Rogge Dunn Group

Rogge Dunn Group has built a well-deserved reputation for aggressive litigation, outstanding results and attentive client service. The firm has been recognized as a Best Law Firm and spotlighted by Chambers. The firm is well-known for successfully trying high-profile business and employment disputes. This trial experience fosters innovative strategies to obtain effective settlements and minimize litigation risks for corporate and individual clients. Based in Dallas, the firm tries cases in state and federal courts in Texas and throughout the United States. Learn more about the firm at www.roggedunngroup.com.