Lack of water service prompts bar owners to file lawsuit

John Suayan, Galveston Bureau Aug. 29, 2013, 3:23pm

GALVESTON - The owners of a north Galveston County bar are suing Galveston County Water Control & Improvement District #12 and its president, Linda Merryman, in response to a lack of water service at their business.

Joseph Cox and Roxanne Tomaiolo's lawsuit, filed Aug. 23 in Galveston County District Court, claims the defendants failed to "carry out their statutory duty and timely deliver water services" to The Sandbar in Clear Lake Shores.

The plaintiffs say that The Sandbar, which has been in business since 1994, was scheduled to reopen this month after having been damaged during Hurricane Ike and demolished afterwards.

According to the suit, during the reconstruction process a few months ago, a contractor sought water for the project only to discover that it was not available to the property's meter.

GCWCID #12 apparently informed the complainants that they must pay all water and sewer tap fees in advance which the latter disputed to no avail.

"The plaintiffs were unable to reopen until they were able to make all necessary arrangements, including financial matters," the original petition says.

"Now the plaintiffs are suffering the ongoing expenses of the construction site sitting idle and losing revenue that they may reasonably expect from the operation of The Sandbar."

A temporary restraining order is reportedly sought.

Attorney Larry A. Vick of Houston is representing the complainants, and Galveston County 405th District Court Judge Michelle Slaughter is presiding over the litigation.

Case No. 13-CV-1104

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