Starvin Marvin’s dismisses city, mayor from noise ordinance suit

David Yates Apr. 29, 2013, 3:48pm

Starvin Marvin’s Bar and Grill has dismissed the city of Beaumont and Mayor Becky Ames from its lawsuit over a noise ordinance aimed at silencing live music at the establishment. 

Court records show that on May 5, 2011, Judge Donald Floyd, 172nd District Court, granted restaurant owner Marvin Atwood’s temporary injunction request.

However, on Dec. 22, 2011, the Ninth Court of Appeals lifted the injunction against the city of Beaumont.

The case was appealed to the Texas Supreme Court but Atwood’s petition for review was denied twice, the last time coming on Feb. 15.

On April 9 the restaurant filed a motion to dismiss, stating it no longer wishes to pursue its claims against the city and mayor, court papers say.

Judge Floyd granted the motion the following day, dismissing the city and mayor without prejudice, court papers say.

The city is seeking to have the order amended to include dismissed with prejudice.

The appeals stem from an injunction request brought by restaurant owner Marvin Atwood against the city in March 2011.

Judge Floyd took his ruling a step further on May 19, 2011, when he denied the city’s plea to the jurisdiction request, prompting the city to file an appeal to the Ninth Court of Appeals of Texas, court records show.

During an April 2011 injunction hearing, City Attorney Tyrone Cooper had argued that Judge Floyd lacked the jurisdiction to order an injunction, since Atwood was violating the recently amended public nuisance noise ordinance, which, in his opinion, makes the case a criminal matter.

Atwood’s attorney, David Bernsen, contended the amended noise ordinance wrongfully impacted a separate zoning law and violated his client’s constitutional property rights, court papers say.

Jefferson County case No. E189-628

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