Second sewage lawsuit hits Hill Country restaurant

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Proof & Cooper LLC_309730

TRAVIS COUNTY, Texas (KXAN) — Another lawsuit has hit restaurant Proof & Cooper for overloading its septic system and causing sewage to ooze out of the ground and onto a neighboring property, according to a Travis County District Court filing.

Janice Moffett, a next-door neighbor of the restaurant, filed the latest lawsuit June 26. Her filing follows a similar suit initiated by three government agencies: Travis County, the Texas Commission on Environmental Quality and the Texas Department of State Health Services.

Moffett says companies Proof & Cooper, LLC, and Double Barrel Holdings, LLC, don’t have the proper septic system license for their restaurant located at 18800 Hamilton Pool Road in Travis County, according to the lawsuit.

“The septic system drain field is continually saturated and effluent rises to the surface and flows downhill onto plaintiff’s land.” – Lawsuit

“Shortly after Proof and Cooper opened for business, the septic system was unable to handle the excess wastewater and sewage,” the lawsuit states. “The septic system drain field is continually saturated and effluent rises to the surface and flows downhill onto plaintiff’s land.”

Moffett said she uses her land for farming and ranching, but she can no longer use parts of her property for those purposes, according to the suit.

Moffett seeks more than $100,000 in monetary relief and that the restaurant be ordered to turn off its water supply until the septic issue is fixed. The plaintiffs are also seeking a temporary and permanent injunction, the lawsuit states.

In a previous interview, Lee Moffett, a resident on the plaintiff’s property, said the family has owned the land since the 1870s.

The plaintiff’s attorney, Bradley Gunter, could not be reached for comment before publishing time.

KXAN could not reach representatives with Proof & Cooper, LLC, or Double Barrel Holdings, LLC, which are both associated with the downtown Rainey Street bar Blackheart and operator Howard L. Miller.

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