League City man's suit claims dump near residence a nuisance

GALVESTON - A League City man accuses the city of allegedly creating a nuisance near his residence, recent court documents say.

Michael Cyrus filed suit against the city and Mar-Con Services LLC in response to a narrow strip of land adjacent to his property being used as a storage lot and dump, asserting the defendants changed the land's natural state for the worse.

His suit was filed Aug. 29 in Galveston County District Court.

The original petition shows Cyrus and his family have lived in the area for 20 years prior to the events in question which led to the litigation.

According to the plaintiff, the respondents began storing spoil materials, debris and equipment more than a year ago.

"There is a constant flow of dump trucks, construction equipment, dust and commotion which causes visual and noise pollution in a quiet residential neighborhood," the suit says.

It adds Cyrus repeatedly demanded the city to relocate the dump, but "the defendants have failed and refuse to abate the nuisance."

The plaintiff states he presented League City's city attorney with a notice of his claim in accordance to the city charter prior to suing.

Consequently, he seeks unspecified monetary damages and a jury trial.

Attorney Barry Evans of League City is representing Cyrus.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 12-cv-1883