EPIC City Faces Legal Barrage in Texas Amid Political Firestorm

JOSEPHINE, Texas — A 402-acre plot in rural Josephine, Texas, owned by the East Plano Islamic Center (EPIC), has become the epicenter of a contentious legal and political battle. EPIC, in partnership with Community Capital Partners, proposed EPIC City, a master-planned community featuring over 1,000 homes, a mosque, a K-12 school, senior housing, sports facilities, and a community college. Marketed as a Muslim-centric but inclusive development, it aims to serve a growing Muslim population, including Afghan refugees, while adhering to U.S. and Texas laws. Yet, the project has triggered a wave of investigations and opposition from state officials, fueled by public fears.

A Spark Ignites a Firestorm

The controversy erupted in February 2025 when activist Amy Mekelburg labeled EPIC City a “Sharia City.” On February 25, Governor Greg Abbott amplified the claim, citing House Bill 45, a 2017 Texas law banning Sharia practices, and announced probes by over a dozen state agencies, including the Texas Rangers, Texas Funeral Service Commission, and Texas State Securities Board. No permits had been filed, and no construction had begun, but the rhetoric escalated rapidly.

State Representative Jeff Leach (R-Plano) initiated the scrutiny on February 27, requesting Attorney General Ken Paxton investigate EPIC City over unsubstantiated fears of Sharia governance. By March 26, Abbott declared the project “will never see the light of day,” signaling a hardline stance.

Legal Challenges Mount

EPIC City faces a gauntlet of legal inquiries, ranging from regulatory compliance to civil rights concerns:

1. Texas Funeral Service Commission Probe: On March 26, 2025, the Commission issued a cease-and-desist letter, alleging EPIC operated unlicensed funeral services, a potential violation of Texas Occupations Code Chapter 651. The letter was forwarded to the Collin County District Attorney for possible criminal charges. EPIC countered that it partners with Rahma Funeral Homes, licensed since 2004, casting doubt on the claim.

2. Texas State Securities Board Investigation: On March 27, the Board launched a probe into EPIC and Community Capital Partners for potential securities fraud, citing concerns over misleading information to over 500 investors. No evidence has been publicized, and the investigation remains active.

3. Texas Workforce Commission Fair Housing Inquiry: On March 28, the Commission began investigating whether EPIC City violates the Texas Fair Housing Act by potentially discriminating against non-Muslims. EPIC’s developers, in a February statement to The Dallas Morning News, affirmed compliance with fair housing laws, denying any intent to exclude based on religion. No findings have been released.

4. Attorney General’s Consumer Protection Probe: On March 25, Paxton opened an investigation into possible violations of Texas consumer protection laws, pointing to promotional materials claiming EPIC as the “only beneficiary of profits.” On April 14, he issued a Civil Investigative Demand for documents from Josephine city officials, broadening the scope. No violations have been confirmed.

5. Texas Rangers Criminal Investigation: On March 31, Abbott directed the Texas Rangers to probe EPIC for unspecified “potential criminal activities.” No charges or specific allegations have emerged, prompting criticism from State Representative Salman Bhojani, Texas’s first Muslim elected official, who called it an attack on religious freedom.

6. Texas Commission on Environmental Quality (TCEQ) Notice: On March 31, the TCEQ notified EPIC that it lacked construction permits, demanding confirmation within seven days that no work had occurred, under threat of penalties. EPIC clarified it remains in the planning phase, rendering the order premature.

7. Federal Civil Rights Inquiry: On April 11, U.S. Senator John Cornyn requested a Department of Justice investigation into whether EPIC City could violate the Fair Housing Act by discriminating against non-Muslims. No evidence was provided, and the DOJ has not commented.

On April 23, Paxton further escalated scrutiny, demanding documents from Plano ISD officials to probe potential ties to EPIC, though no connection has been established.

Paxton’s Shared Counsel with EPIC

Adding complexity to the legal saga, Attorney General Ken Paxton and EPIC share the same attorney, Dan Cogdell. Cogdell, a prominent Houston-based lawyer, was hired by EPIC on April 3 to defend against the state’s investigations, which he has publicly called racially motivated and “gubernatorial hate speech.” Concurrently, Cogdell represents Paxton in ongoing legal battles unrelated to EPIC City, including Paxton’s 2015 securities fraud case and subsequent disputes over whistleblower lawsuits from former aides.

When asked by Texas Monthly on April 15 about the potential conflict of interest, Cogdell dismissed concerns, stating, “I’m a hired gun. My job is to represent my clients zealously within the bounds of the law. There’s no conflict here—Paxton’s investigations and EPIC’s defense are separate matters.” Paxton’s office has not commented on the dual representation, and no formal complaints have been filed with the State Bar of Texas. Legal ethics experts, however, note that while such arrangements are not inherently unethical, they require clear client consent under Texas Disciplinary Rules of Professional Conduct Rule 1.06, which mandates transparency in cases of potential conflicts. Neither Paxton nor EPIC has publicly addressed whether such consent was obtained.

Cogdell’s involvement underscores the high-stakes nature of the dispute, with his reputation as a tenacious defender shaping both EPIC’s strategy and Paxton’s broader legal battles. Critics, including CAIR’s Mustafaa Carroll, have questioned whether Cogdell’s dual role could influence the impartiality of Paxton’s investigation, though no evidence of impropriety has surfaced.

EPIC’s Defense and Community Response

Cogdell, on behalf of EPIC, accused Abbott and state officials of racial profiling in an April 3 KERA News interview, stating, “If this were a Christian project, we wouldn’t be here.” EPIC has not filed lawsuits but is preparing legal defenses, emphasizing its inclusive intent and legal compliance.

On April 8, the Council on American-Islamic Relations (CAIR), joined by Muslim, Jewish, and Christian leaders, held a press conference at the Wyndham DFW Airport hotel. CAIR’s Carroll condemned the “hateful misinformation” spread by officials, calling for a DOJ investigation into alleged state harassment. Pastor Andy Odom, a local Presbyterian minister, praised EPIC as good neighbors, noting their community contributions, such as hosting a warming shelter. CAIR Houston’s William White told the Houston Chronicle the rhetoric made Muslims feel unwelcome in Texas.

Public Divide and Political Pressure

Public reaction is deeply polarized. At a March 31 Collin County Commissioners Court hearing, dozens opposed EPIC City, citing resource strains and repeating unfounded claims about terrorism and Sharia law, often echoing Abbott’s statements. Only two speakers supported the project. EPIC’s existing facilities in Plano—a mosque, homes, and shops—have operated without issue for years, raising questions about the intensity of the backlash. The controversy has drawn national attention, with NewsNation and The Daily Mail covering the growing divide.