Star Residential, LLC v. Hernandez

Summary

The court reversed the Court of Appeals and held that the Gang Act does not authorize a private nuisance-damages claim based solely on gang activity occurring on a property. The statute creates separate remedies: public-official nuisance abatement under subsections (a) and (b), private damages against persons who proximately cause injury through criminal gang activity under subsection (c), and injunctive relief under subsection (d). Because Hernandez did not allege that Star Residential engaged in or caused criminal gang activity, his claim failed as a matter of law. The court also held that courts, not juries, determine whether a legally cognizable cause of action exists, while factfinders decide whether liability is consistent with the statute's legislative intent. There are no separate opinions.