Couple sues over faulty septic system

John Suayan, Galveston Bureau Feb. 6, 2012, 7:56am


GALVESTON - Claiming they purchased a home in Crystal Beach which had a non-functioning septic system, Bastrop residents Roger and Dorothy Rodriguez have filed a lawsuit.

According to court documents filed Jan. 20 in Galveston County District Court, Donna and Glen Henson, doing business as Lago Mar Builders and Glen Henson Electric, cut and capped the septic lines running between a vacant lot and the subject property, rendering the sewage system useless.

Bobby Franklin, individually and doing business as Kuntry Plumbing, and Garry Gana Inc. join the Hensons as defendants in the case.

The suit states the Rodriguezes purchased the home from Lago Mar Builders while it was under construction in October 2010, stating the plaintiffs were "reassured that the home would be a true custom home and would be of quality workmanship, fit and finish."

The defendants signed a seller's disclosure of property condition form stating that there were no known defects in said home, but the complainants say they discovered "several major issues" after the transaction's completion and closing.

Notably problematic was the septic tank which the plaintiffs allege was full of waste water, the original petition says.

The Rodriguezes additionally argue that the defendants secured the original building permit to construct the home based upon a misrepresentation to the Galveston County planning and health departments.

Consequently, they seek unspecified monetary damages and a jury trial.

Attorney Abel P. Ortiz II of Galveston is representing the Rodriguezes, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 12-cv-0076

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