Defendant responds to Kemah mayor's suit over ownership of billboards

John Suayan, Galveston Bureau Jun. 8, 2011, 8:26am

GALVESTON - Clear Channel Outdoor Inc. argues that a local mayor's lawsuit against it fails to explain any basis for his claim of ownership of a billboard.

The company formally answered Kemah Mayor Matthew D. Wiggins Jr.'s original complaint before the Galveston County Court at Law No. 2 on April 25, denying each and every allegation.

Along with the original answer, a plea to the jurisdiction was entered asserting the county courts' inability to hear disputes pertaining to real property.

Wiggins is suing Clear Channel Outdoor after it tried to remove one of two billboards on his property.

According to the suit filed April 13, Wiggins acquired a parcel of land along Highway 146 in Clear Lake Shores after the tract's previous owner experienced a foreclosure.

The plaintiff says he and the defendant never communicated and he never received payment in regard to the structures.

Clear Channel Outdoor informed Wiggins in writing that one of the billboards needed repair, adding a failure to reach an agreement would result in its removal.

Work crews arrived, however, to dismantle the billboard.

Wiggins insist the defendant's alleged actions were an affront to a Clear Lake Shores city ordinance barring the replacement of a billboard once it is taken down.

The defendant contends it owns the structure and is entitled to remove it by virtue of a 10-year lease.

It is represented by Roth elder & Falick LLP.

Cause No. 65,068

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