Houston couple seek damages after faulty evacuation notice

A Harris County couple brought suit against their city government alleging deprivation of due process in a 2008 dispute.

Daniel C. Seluk Jr. and Andrea D. Seluk filed against the City of Houston, in the Houston Division of the Southern District of Texas April 1, claiming damages resulting from a defective municipal ordinance in 2008.

The Seluks had resided at 1881 Bering Drive, Apt. 65, in Houston, since 2005. The City of Houston issued orders under a newly created ordinance for residents of all five buildings in the apartment complex to vacate their homes in Aug. 2008. According to the suit, the couple complied; then appealed the action via city and state judicial processes.

The City issued a second order to vacate in Nov. 2008 and disconnected utility services to the property. The home sat vacant for over three years and was subsequently sold for redevelopment. According to court documents, the 14th Court of Appeals of Texas then issued an opinion in Aug. 2012 that the City had violated the residents’ procedural due process rights.

Court filings indicate that the City of Houston did not dispute the Court’s findings. The Seluks seek general damages for moving expenses, property damage, and lost market value; emotional distress, lost retirement funds, and duplicate housing expenses, along with attorney’s fees, expenses, and costs. They are self-represented in the case.

Houston Division of the Southern District of Texas Case 4:15-cv-00838