Dickinson residents obtain TRO to stop construction of garage apartment

By John Suayan, Galveston Bureau | Dec 6, 2012

GALVESTON - Dickinson residents Terri and Richard Cook recently obtained a temporary restraining order to prevent their neighbors Lana and Peter Huynh from progressing with a construction project. 

Galveston County 405th District Court Judge Wayne Mallia issued the TRO which bars the Huynhs from completing a garage apartment.

The Cooks also filed suit against the Huynhs on Dec. 4 in the same court.

According to the Cooks, the structure in question is a violation of their subdivision's bylaws.

The original petition explains that prior to the start of the project, the defendants circulated a document stating their intentions and requesting permission around the neighborhood though the subdivision's homeowners association prohibits garage apartments or apartment houses.

It adds the Huynhs did not obtain approval, and the plaintiffs provided them notice of their apparent violations with a demand to cease construction to which they supposedly ignored.

The suit insists the respondents are violating the neighborhood's 5-foot setback requirements, stating "the plaintiffs are unable to confirm with certainty whether the 5-foot setback has been violated because the defendants have not provided construction plans or specifications to the architectural control committee."

A temporary injunction hearing is set for 10 a.m., Dec. 18.

Attorney Richard D. Weaver with The Weaver Law Firm in Houston is representing the Cooks.

Case No. 12-CV-3010

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