GALVESTON - Amelia V. Kelly has filed a motion for partial summary judgment in her lawsuit against Kemah Mayor Matthew D. Wiggins Jr.
According to court papers filed May 24 before the Galveston County 122nd District Court, Kelly cites wrongful foreclosure as the reason for the motion.
The Seabrook business owner and divorced mother of two is suing Wiggins for committing detrimental acts against their joint venture.
She accuses the mayor of not paying his monetary obligations as outlined in their business agreement and wrongfully exercising dominion over her personal property and proprietary rights, seeking more than $300,000 in monetary damages and a jury trial.
Kelly's motion argues that the complainant informed many people, including Wiggins, of her intentions to make the bed and breakfast which she and the defendant operate as her homestead.
It alleges Wiggins's placement of a lien on the property is a violation of the Texas Constitution "and therefore not permissible."
"The deed executed by the plaintiff is void because the plaintiff's property is protected by homestead rights," the motion says.
Kelly additionally insists there was no voluntary abandonment of the subject property.
"By law, mere use of the real estate as a bed and breakfast establishment does not make the property partnership property between Kelly and Wiggins," the motion says.
Case No. 11-cv-0325