EPIC City's attorney says EPIC, development a victim of 'racial profiling'

DALLAS - The developers behind a controversial master-planned community on the border of Collin and Hunt counties have hired a high-profile lawyer to represent them as they navigate a series of investigations from the state.

What we know:

Attorney Dan Cogdell will represent the East Plano Islamic Center and Community Capital Partners LP as they work through a flurry of investigations brought on by the state surrounding the EPIC City development.

Cogdell called the investigations a result of "racial profiling" in a release Thursday.

What they're saying:

"What's happened from Abbott's office is hate speech," Cogdell said. "He's tweeted that Sharia Law will be implemented. That's a lie. An absolute lie."

The Texas attorney represented Attorney General Ken Paxton in his 2023 impeachment trial and again represented Paxton when state securities fraud changes were brought against him. The state eventually agreed to dismiss the felony charges against Paxton.

The move comes after Gov. Greg Abbott sent a warning to the developers not to build on the 400-acre plot without the proper permits.

Abbott has compared the development a compound, something that Cogdell takes issue with.

"There are no underage children being molested. No cache of weapons," Cogdell said. "For him to call it a compound is an outright lie, an insult and trying to demonize faithful, religious, hard-working people."

Can churches get into the real estate business?

Constitutional law attorney David Coale, who is not associated with this case, said churches can't get into the real estate business.

"If it is a church running the real estate development, that gets into issues about what a nonprofit can do," Coale said.  "If they are in a combination with each other, it raises questions about whether the church is trying to get into the zoning business."

In this case, a for-profit company, Community Capital Partners was set up.

"If you've got a church doing its thing and developers not related with that doing their own thing next to it, that is a private development," Coale said. "That happens all the time."

Coale said keeping everything separate is the key to clearing the investigations.

"The important question is if everything is incorporated correctly so all these entities stay in their lane," Coale said. "If they are, the investigations will fizzle out."

Coale also said EPIC needs to be careful about making statements about bringing Islam to the forefront in their advertising of the development.

"If you say our group favors one religion over another, the minute someone feels mistreated they will quote those advertisements back to you," Coale said.

What is EPIC City?

EPIC City is a planned development near Josephine, Texas, about 40 miles northeast of Dallas.

According to the development’s website, it will feature a new mosque, single- and multifamily homes, a community college, schools, businesses, a school and parks.

What they're saying:

"EPIC City is a thoughtful community designed for families, just like hundreds of others in Texas. The only reason it is being unfairly targeted, is because there is a mosque in the plans instead of a church of a temple. That's it," Cogdell said. "This is fear mongering and political theater, and we intend to shut it down with the truth."

Developers told Collin County commissioners on Monday that the development was still in the planning stage, and they weren't ready to apply for permits.

"This project is simply the victim of racial profiling," Cogdell said. "Our goal is to lance the lies and shine some light on reality."

The development sold out its first phase of development, around 500 lots, within six months. Developers are still accepting investors for the second phase of the development.

"The vision for EPIC City is simple," CCP President Imran Chaudhary said. "We want to build an inclusive community, one in which people of every background, faith, and culture can live together in harmony."

EPIC City Investigations

EPIC City has drawn the attention of Abbott, Attorney General Ken Paxton and other Texas leaders.

"Our plans for this development opened the door for unexpected scrutiny," Chaudhary said.

The latest inquiry by the state came in the form of a letter from the Texas Commission on Environmental Quality.

The environmental agency sent a letter to EPIC on Tuesday reminding the developers about the permitting needed to create a municipal utility district and the requirements to begin construction on the 400-acre site.

"Despite these extensive permitting obligations, TCEQ has not received any applications or documents supporting the creation of this large-scale, standalone "city" in the location identified by EPIC and CCP," TCEQ Executive Director Kelly Keel said in the letter. "This letter, therefore, serves as notice that any construction or development in furtherance of EPIC City without requisite TCEQ approval is in violation of state law and should be halted immediately. You must confirm within 7 days that you and/or any affiliates have not and will not engage in any construction or pre-construction activities in violation of state law."

The governor directed the Texas Rangers to investigate the East Plano Islamic Center for potential criminal activities on Monday, but did not go into detail about any specific violations they plan to look into.

This isn’t the first time the development and EPIC have been in the crosshairs of lawmakers. Last week, the Governor announced a dozen state agencies are investigating conduct by EPIC and other affiliated entities. 

Last month, Abbott posted on social media that "Sharia law is not allowed in Texas."

Sharia refers to the laws and guiding principles for the daily lives of Muslim people based on the religion’s holy book, the Quran, and the teachings of the prophet Muhammed.

Republican Rep. Jeff Leach called on Paxton to investigate the development over fears that EPIC City might impose some form of Sharia law on the community.

Leach cited a 2017 Texas law that prohibits the enforcement of legal codes that conflict with the Constitution.

Paxton said his office would investigate Community Capital Partners, LP for potential violations of Texas Consumer Protection Laws.

"We will review every inquiry and cooperate fully with each agency and office, and make sure the truth is known," Cogdell said.

PlanoHunt CountyReligionGreg Abbott