Couple says MUD wrongly cut off water, sewer

Ashley Perry Nov. 19, 2014, 10:37am

A Galveston County couple has filed suit against the San Leon Municipal Utility District.

Terry Forgy and Rita Forgy filed a complaint Sept. 23 in Galveston County District Court against San Leon Municipal Utility District and the water superintendent (full name not listed), citing breach of the service agreement.

According to the complaint, the plaintiffs have resided at the same residence with the same utility service since October 2004. The complaint alleges that on Sept. 11, while attending her daughter's surgery, Rita Forgy received a call from the San Leon Municipal Utility District (MUD) accusing the plaintiffs of having four recreational vehicles hooked up to the utilities.

The person calling requested that Rita Forgy attend an immediate inspection of the premises. Rita Forgy refused to leave her daughter and requested that the inspection be held at a more convenient time. The MUD representative agreed to call at a later date.

On Sept. 22, MUD called Rita Forgy again and said the water superintendent was in route for an immediate inspection. Terry Forgy states that as he exited the house, the superintendent had arrived and said there were two recreational vehicles (RVs) hooked up to utilities and must be unhooked immediately.

Terry Forgy alleges there was only one RV temporarily hooked up to a RV dump at that time, and mentioned that he would take the issue up with the board.

The superintendent allegedly responded, "We could have handled this differently, but in your case, I'll just come out in the morning and pull your meter. How about that?"

The plaintiffs allege the superintendent did not offer a reason for the disconnection or any alternative.

The complaint states Rita Forgy is diabetic and her daughter is recovering from surgery, and allege that denying them water and sewer services could cause great harm to their health. The plaintiffs say these alleged acts are in violation of the plaintiffs' service agreement and state laws.

The plaintiffs seek a temporary restraining order against the superintendent and a temporary injunction to avoid service interruption. The plaintiffs are representing themselves in the case.

Galveston County District Court case number: 212:14-CV-1001-DDK

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