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City of Kirby Issues Trespass Warnings to Citizens on Their Own Property – Sparks Lawsuit

City of Kirby Issues Trespass Warnings to Citizens on Their Own Property – Sparks Lawsuit

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A lawsuit filed by Julio and Nancy Pena in Bexar County District Court alleges harassment and violation of property rights by City of Kirby Police, private citizens, and a lawn service. The suit claims emotional trauma, conspiracy, and unequal treatment, seeking redress for alleged violations of their constitutional rights.


City of Kirby Issues Trespass Warnings to Citizens on Their Own Property - Sparks Lawsuit

City of Kirby Issues Trespass Warnings to Citizens on Their Own Property – Sparks Lawsuit

A lawsuit was filed on March 6, 2024, in Bexar County District Court by Julio and Nancy Pena, alleging harassment and violation of their property rights. The Peña’s named City of Kirby Police Chief Roxanne Cardona, City of Kirby Police Officer Ortiz, private citizen Chad Covin, private citizen Adrian Covin, private citizen Anna Jackson, and C and K Lawn Services as the defendants.

Lawsuit Claims City of Kirby Police Chief Used the Department for Harassment

The lawsuit claims that Defendant Cardona, the Police Chief for the City of Kirby Police Department, used her department to harass and violate the property rights of the Plaintiffs. Despite being provided with evidence that the Penas owned the property and possessed a right of way, Cardona allegedly participated in issuing trespass warnings and issuing citations based on warrantless searches. The lawsuit further alleges that Cardona oversaw felony charges being brought against Julio Pena, despite being informed that the property belonged to the Plaintiffs and the right to remove trespassing property.

Additionally, Officer Ortiz is accused of using his official position to harass the Plaintiffs by issuing trespass notices on their own property, while refusing to issue trespass notices against Private Party Defendants for similar actions.

Lawsuit Claims Lawn Service Facilitated Trespassed on Plaintiff’s Property

The lawsuit also implicates C and K Lawn Services, owned by Clay and Kyle Covin, for facilitating the trespassing on Plaintiffs’ property and refusing to remove materials despite being given a cease-and-desist notice.

Chad and Adrian Covin, along with Anna Jackson, are accused of placing materials and equipment on Plaintiffs’ property, preventing them from freely enjoying access and using portions of their property. It is alleged that they made threats, lied on police reports, and conspired to draft false police reports resulting in felony charges being levied against the Plaintiffs.

Lawsuit Seeks Redress to Alleged Conspiracy Allegations Involving Members of the City of Kirby Police Department

The Plaintiffs seek redress for the emotional trauma, conspiracy to violate their private property rights, and unequal treatment under the law, alleging violations of their 4th, 5th, and 14th amendment rights; as well as, some state torts.

Note: The information provided in this article is based on the allegations in the lawsuit filed and does not constitute legal advice or factual findings.

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The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.

UPDATED on 3/15/2024 – to clarify C and K Lawn Service, not C and K Law


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3 Responses

  1. I just filed an amended complaint. I didn’t realize that the one we filed was against C and K LAW Services. It should have stated LAWN services, an auto-correct I missed and corrected.

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