Property owner alleges illegal construction of power lines

By Travis Zuellig | Feb 9, 2016

GALVESTON — A Galveston County man is suing five companies, alleging breach of contract and negligence over construction of power poles and lines in front of his property.

James W. Jamail filed a lawsuit on Jan. 29 in Galveston County District Court against Wesley West Cattle LP, Stedman West Land and Cattle Company LLC, Stedman West Interests Inc., Wesley West Descendants Trust and Autumn Creek Development LTD. 

According to the complaint, on Aug. 6, 2009, Jamail and the defendants agreed to a valid and enforceable written contract that Jamail was property owner in the Slone Subdivision next to the defendants’ property and would fully cooperate with the development of the subdivision, while the defendants would provide a buffer zone between the two properties.

After the contract was executed, the suit says, the defendants recorded four electrical easements without informing or obtaining consent from Jamail. The new electrical poles were constructed in the buffer zone and the poles were approximately 1 inch on his property, which violates the terms of the contract, the suit states.

Jamail seeks a jury trial, a temporary injunction enjoining and restraining the defendants, and actual damages between $200,000 and $1 million, along with court and attorney fees. He will be represented by attorneys Darrell A. Apffel, S. Benjamin Shabot, Lauren F. Arisco and D. Blake Apffel of Bettison, Doyle, Apffel & Guarino PC in League City. 

Galveston County District Court Case number 6:16-cv-0129

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