Crystal Beach homeowner claims neighboring house violates set-back rules

John Suayan, Galveston Bureau Oct. 19, 2010, 3:50am

Crystal Beach after Hurricane Ike

GALVESTON - Claiming a residence close to his was built in violation of certain land restrictions, a Lufkin man is suing the house's owner and home builder.

Gary Bolt's lawsuit against KWT Custom Homes LLC and Charles Meisgeier of Richmond alleges that Meisgeier's house in the Pearl Beach subdivision of Crystal Beach "violated the record set-back lines for both the front property lines and the side property lines substantially."

The suit was filed Oct. 14 in Galveston County District Court.

After Hurricane Ike caused severe beach erosion when it ripped across the Bolivar Peninsula in 2008, new regulations were established regarding placement of homes.

The restrictions state that any house in the neighborhood "shall be set back at least 15 feet from the front property line and at least 5 feet from the side property lines," according to the original petition.

Bolts says he observed the construction of Meisgeier's residence -- which is in an adjoining lot -- and insists that the home went against the Galveston County-mandated covenant.

The plaintiff states he addressed the matter with the contractor, but claims the contractor had no intention of varying his plans for the placement of the home, the suit says.

"The construction of said home, in violation of noted restrictive covenants will affect the plaintiff's property values as well as his use and enjoy of said property," the suit says.

Consequently, the plaintiff seeks unspecified monetary damages and asks Galveston County 10th District Court Judge David Garner to remove any portion of the improvements which violate the restrictions.

He is represented by attorney Marybeth M. Nelson of Houston

Case No. 10-cv-3945

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