City to make jurisdictional plea during Starvin Marvin's injunction hearing

David Yates Apr. 25, 2011, 9:00am

On Tuesday, the city of Beaumont will argue that a local judge lacks the jurisdiction to rule on an injunction request sought by Starvin Marvin's Bar and Grill.

Hoping to keep live music at his establishment, plaintiff Marvin Atwood filed suit against the city of Beaumont on March 21 in Jefferson County District Court.

Atwood is seeking a permanent injunction to block a noise ordinance, which would stop the bar from hosting live music on its patio, court papers say.

On April 20, the city filed a plea to the jurisdiction, arguing that it is a government entity "empowered to preserve the health and safety of its inhabitants."

In its motion, the city states the local government code allows it to adopt, amend or repeal an ordinance that "is for the good of peace and order."

Conversely, Atwood alleges in his lawsuit that the city failed to hold a public hearing and comply with notification requirements in accordance with its own laws before passing the ordinance.

"No regulation, restriction or zoning district boundary shall be amended ... or revoked until after a public hearing is held and ... all citizens shall have an opportunity to be heard," the suit states.

The injunction hearing is slated for April 26.

Judge Donald Floyd, 172nd District Court, is presiding over the case.

Case No. E189-628

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