The owners of a Galveston Bay beach house are suing their neighbors, The Texas General Land Office, and their own real estate agents in a dispute over submerged land that may not be owned by the state.
Beach House On The Bay LLC filed a complaint on July 27 against Darby Wayne Mouton, Vickie Lynn Mouton, the Texas General Land Office, Craig Ward, Deborah Ward, NRT Texas LLC, doing business as Coldwell Banker Realty, and Kimberly Handley. The suit was filed in the 122nd District Court of Galveston County, Texas.
According to the filing, plaintiff Beach House on the Bay owns a beach house in Port Bolivar that adjoins submerged lands of Galveston Bay, which are owned by the State and managed by the General Land Office (GLO). The plaintiff says it has a coastal easement which grants it the right to have and use two wooden piers extending from its property into Galveston Bay.
The complaint contends that despite GLO’s ownership of the submerged lands adjoining the plaintiff’s property, defendants Darby Wayne Mouton and Vickie Lynn Mouton claim to “own” the submerged lands and have erected a fence along the waterfront of the plaintiff’s property, cutting the plaintiff off from one of the two piers covered by the easement.
The plaintiff seeks judgment establishing that the GLO owns the submerged lands.
“As a result, the Moutons had no right to erect the fence cutting Plaintiff off from its pier,” the filing states. “The plaintiff seeks damages resulting from the Moutons’ wrongful conduct.”
However, the filing says, if the court finds the Moutons hold legal title to the submerged property, then the plaintiff asserts causes of action for fraud and negligent misrepresentation against the beach house’s previous owners, Craig Ward and Deborah Ward, who sold plaintiff’s property to the plaintiff; and Coldwell Banker Realty and Kimberly Handley, who listed and marketed the property for the Wards.
The plaintiff also seeks the costs of suit, post-judgment interest and any other just relief. They are represented by Anthony P. Brow of McLeod, Alexander, Powel & Apffel, P.C.