Galveston marina sued over unfinished hurricane repairs

John Suayan, Galveston Bureau May 12, 2010, 9:41am

GALVESTON - The benefactors of a deceased Galveston couple have filed suit against a local marina over repairs to storm-damaged property that reportedly were not performed.

Mitchell Powell of Arizona, Linda Powell Skinner of Oklahoma and Kathleen Shock of California allege that Payco Inc. violated its 99-year agreement with the estate of H.E. and Ruth C. Blume when the company did not make improvements to the Payco Marina after it was damaged during Hurricane Ike.

The suit was filed May 10 in Galveston County District Court.

According to court papers, the Blumes leased the property on which the marina sits to the defendant in 1967.

The plaintiffs, collectively known as the Powell family in the litigation, are the trustees and beneficiaries of trusts created under the wills of the Blumes and are the grantees of the Blumes' undivided interests in the property.

Payco is responsible for repairs made in the wake of a calamity such as a storm or a fire, the original petition says.

The Powell family argues that the defendant has taken no meaningful steps to replace all damaged and destroyed improvements and has not allowed them access to the marina to inspect the extent of the damage or premises.

"In the past year and a half, the parties have been unable to resolve their dispute and the Powell family is still being denied access to the property by Payco," the suit states.

Consequently, the plaintiffs seek unspecified monetary damages.

They are represented by Greer, Herz & Adams LLP of Galveston.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 10-cv-1249

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