GALVESTON — Today, the First Court of Appeals voided an injunction in a suit brought by a couple alleging the owners of a bar and grill on Galveston Island adjacent to their home have violated state and city laws by causing loud music, congestion and unregulated drinking in their neighborhood.
Eric Vaughan and Denise Vaughan filed a complaint May 23 in Galveston County District Court against Beachsiders LLC, doing business as Beachsiders Bar & Grill, Christopher L. Downing and Claire Downing.
According to the Vaughans’ complaint, the defendants own the property adjacent to their beach home in Pirates Beach West on Galveston Island, which was originally used as a short-term rental. The Vaughans claim that the defendants gradually converted the property to Beachsiders Bar Grill. They allege that the defendants have failed to obey state and municipal laws and that their operation is a nuisance to neighbors including congestion, noise and unregulated drinking.
The Vaughans further allege they are subject to loud music throughout the night on weekdays and on weekends with loudspeakers mounted to an outside entertainment area directed at their home. They claim that the defendants opening of the bar in a historically residential and quiet beach community has disrupted the use of their home and has diminished their property value and privacy.
Court records show that on June 13 the trial court issued a temporary injunction, leading the defendants to appeal.
The First Court concluded that the order is void and must be dissolved because the temporary injunction fails to comply with the requirements of Rule 683, which governs the form and scope of injunctions and temporary restraining orders.
“We declare the temporary injunction order void, dissolve the injunction, and remand the case to the trial court for further proceedings,” the opinion states. “We direct the clerk of this Court to issue the mandate immediately.”
Galveston County District Court case No. 23-CV-0819
Appeals case No. 01-23-00485-CV