John Suayan, Galveston Bureau Feb. 4, 2013, 2:22pm

GALVESTON - The plaintiffs in an August 2012 lawsuit targeting a Dickinson convenience store for flooding problems in a nearby residential area have recently moved to non-suit the defendants, recent court records show.

Galveston County 122nd District Court Judge John Ellisor issued orders granting motions to non-suit filed by Dale and Reta Warren, Allan and Rebecca Knape and Larry and Kristen Gregory on Jan. 9.

Their co-plaintiffs Roy Christopher Lopez and Stacy Schreiber-Lopez submitted their non-suit request last week.

Houston resident Ajay K. Jain, Vardhman Investment Inc. and Atul Enterprises Inc., doing business as Dickinson Food Mart #1 and Dickinson Food Mart, were accused of inflicting "extensive" damage to the complainants' properties.

The suit filed Aug. 29 asserted that the store and gas station underwent an expansion about three years ago which caused the residents' backyards to not drain properly and collect stagnant water, stating the project in question violated a city code.

Assistance from County Commissioner Kevin O'Brien was to no avail, the original petition says.

The respondents entered their formal rebuttals to the allegations on Oct. 26.

Attorney Amanda S. Hilty with Bair Hilty PC in Houston represented the defendants.

Case No. 12-CV-1884

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