AUSTIN, Texas — A group trying to open the first safe home of its kind in Central Texas is now facing a lawsuit.
Nicole’s Place, funded by the nonprofit group The Austin 20, is planning to open by the end of the month. It is supposed to be a temporary residential treatment center for girls ages 13 to 17 who need emergency care after being rescued by first responders from dangerous trafficking situations.
But the lawsuit, filed Tuesday in Travis County District Court, alleges the property where Nicole’s Place sits can only be used for single-family residential purposes – not for mobile homes – and homes must be at least 2,100 square feet in size.
The group is now asking a judge for a permanent injunction to stop what’s happening at the end of their street.
"It could delay opening the facility by nine months or a year,” said Terry Irion, the attorney for Nicole’s Place. “They desperately need these kind of transition facilities so they can kind of get their life back together.”
Nicole’s Place is currently two modular homes. The neighborhood group claims the homes sit on about five acres of property that are subject to deed restrictions.
But according to Irion, the property owners are not aware of any deed restrictions applicable to their property. They own about 160 acres at the end of the street, so even if these five acres are found to be subject to deed restrictions, Nicole’s Place will still open in the same neighborhood.
“Their minds are probably made up that they don't want to see this use in their neighborhood,” Irion said.
KVUE repeatedly reached out to neighbors – as well as their attorney, Brad Rockwell – but did not hear back.
Another attorney for the neighbors, Lauren Ice, told KVUE on Thursday they have no comment at this time.
It’s a battle that’s been brewing with the neighbors for months. They claim they want to maintain the "spirit" of their neighborhood.
The committee suing met with Nicole’s Place board members in late January to discuss the property plans and deed restrictions at a southwest Austin library.
During that meeting, neighbors also brought up concerns over safety and security having this type of center in their neighborhood, according to an audio recording of that meeting obtained by KVUE.
“It would be great to understand from a licensing standpoint, from a security standpoint,” one neighbor said. “A lot of concern from the neighborhood – the feedback we've been getting – is around security, around the proximity of the cabins to the road, is concerned for the victims that come in there."
But now the issue is in court, and the neighborhood group has not met with Nicole’s Place again to work out any issues or concerns for the center opening.
This week, finishing touches have been happening on the center – including finishing the installation of a septic tank and planting trees.
For the founder of The Austin 20, Lisa Knapp, this latest hurdle doesn’t take away from the growing need to help the children who need it.
"These are the forgotten children,” Knapp said. “We need to make sure that they get the help that they need and that they get it quickly, quickly, in Austin, Texas. I hope that the rest of the city joins me in saying, 'Not in my city.'"
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