Landlord, renter file suit for neighbor’s alleged property damage

By Carol Ostrow | May 15, 2015

A pair of Galveston businesses brought a lawsuit against an individual for alleged damages resulting from property infringement in 2013.

TJBS Inc. and Quiroga & Associates filed a complaint against Donna Lee Keaton in Galveston County District Court on May 12, claiming property damage in May of 2013.

The co-plaintiffs are the respective lessee and owner of property located at 1110 23rd St. in Galveston, adjacent to the defendant’s parcel, bearing an address of 2223 Avenue K. According to documents filed, the defendant’s predecessor in title erected a wooden wall along the boundary line between the two properties.

The suit states that the wall was built without proper city permits and in violation of a setback requirement. The filing declares that on May 13, 2013, the plaintiffs discovered that the wall was connected to their building by wooden braces; that the siding on their building’s rear wall had pulled off, allowing rainwater to enter the edifice; and that the wall’s main portion was built on the plaintiffs’ property.

TJBS and Quiroga also claim a drainage problem due to plant overgrowth stemming from the defendant’s lot. The complaint alleges inability to safely conduct business, make repairs and maintain the property. The plaintiffs cite nuisance, common-law trespass, loss of revenue and costly repairs needed.

The plaintiffs are seeking injunctive action to have Keaton remove overgrowth and modify the wall to avoid property infringement and up to $100,000 in actual damages for repairs, attorney’s fees, expenses and costs.

They are represented by Robert Bastien of Tramonte, Tramonte & Bastien in Galveston.

Galveston County District Court case number 15-CV-0479

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