Bar owners amend lawsuit against water district, allege actions politically motivated

John Suayan, Galveston Bureau Sep. 23, 2013, 2:49pm

GALVESTON - A recent lawsuit accusing Galveston County Water Control & Improvement District #12 and president Linda Merryman was amended.

As previously reported, Joseph Cox and Roxanne Tomaiolo, owners of The Sandbar in Clear Lake Shores, brought legal action against the defendants in response to a lack of water service at their business.

The plaintiffs allege the respondents failed to “carry out their statutory duty and timely deliver water services” to their business, stating it was apparently unable to reopen as scheduled.

The Sandbar, which opened in 1994, was damaged during Hurricane Ike and demolished afterwards.

Cox and Tomaiolo say the defendants told them that they must pay all water and sewer tap fees in advance to which the former disputed to no avail.

According to the claimants, they "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."

Their suit was revised Sept. 13 to state that "some members of the defendant board and employees of the defendant service company are influenced in their decisions by outside third parties."

"The plaintiffs assert that political interests adverse to the plaintiffs' rights have forced the defendants to discriminate against the plaintiffs in an attempt to prevent the plaintiffs from reopening their business," the newly edited petition says.

Along with the amended complaint, a notice of non-suit releasing Merryman was entered Sept. 16.

Neither defendant provided an original answer.

Case No. 13-CV-1104

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