Alleged fence dispute causes Galveston residents to file suit

GALVESTON - An apparent dispute between Galveston neighbors over a fence has resulted in a lawsuit, recent court records show.

Local resident Ursula Burton and her companion Loy Coxsey claim John Smith built a fence that encroaches on their property.

The suit, which also lists Burton's parents as complainants and Smith's spouse as a respondent, was filed Oct. 30 in Galveston County Court at Law No. 1.

It explains that Smith began building a fence to extend the existing one in front of his property three feet onto that of the plaintiffs', adding he then started to dig in their side yard and ruptured a gas line.

The gas company was summoned and requested to transfer the complainants' gas meter to the opposite side of their residence.

Smith later received a letter demanding he remove the fence which the plaintiffs first complained about, however, the original petition asserts he constructed a new one which juts three feet onto the complainants' back yard.

The plaintiffs insist Smith's supposed actions not only wrecked adjacent gas lines, but ruined their landscaping as well.

"The conduct of the defendants was carried out with more than momentary thoughtlessness, inadvertence or error of judgment," the suit says.

Consequently, the complainants seek unspecified monetary damages.

They are represented by attorney Mark O. Midani with Midani, Hinkle & Cole LLP in Galveston.

Galveston County Court at Law No. 1 Judge John Grady is presiding over the litigation.

Cause No. 68,612