Kelly Holleran Jul. 31, 2014, 11:47am

A man has filed suit against the owners of two pieces of Galveston County property, alleging they will not allow him on their land, which leaves him unable to gain access to his own piece of land.

Charles Smith filed suit July 21 in the Galveston County District Court against Merle Volk Freyer and Alanna Frank. 

According to the complaint, Smith purchased a piece of property in Galveston County on June 29, 2010, from Geraldine Quintero. To access the property, Quintero had utilized an easement on land owned by the defendants, according to the complaint.

When Smith bought the property, he too attempted to drive his vehicle across the same easement that Quintero had used, since this is the only way to get to his property, the complaint says. However, Freyer and Frank say Smith’s utilization of the easement is unlawful.

Because of Freyer’s and Frank’s actions, Smith claims he has been arrested and prosecuted for criminal trespass. The case against him was later dismissed.

Smith is seeking compensation for temporary harm within the jurisdictional limits of the court. He is also requesting a temporary restraining order, a temporary injunction and a permanent injunction that prohibits the defendants from interfering with his use of his property.

He is asking the court to declare the validity of the easement, plus actual damages, pre- and post-judgment interest, costs, attorney’s fees and other relief the court deems just.

He is being represented by attorney Samuel W. Veenstra of The Veenstra Law Firm in Houston.

Galveston County District Court case number 14-cv-0772

This is a report on a civil lawsuit filed at the Galveston County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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