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Where are the poles?
BY CHARLYN FINN
Calhoun County Commissioners’ Court last week agreed to allow lawyers to settle the lawsuit with Richard “Skip” Hughes concerning easement on Ocean Drive at Magnolia Beach.
“What commissioners’ court did was say okay, let the lawyers settle it,” Shannon Salyer, assistant district attorney, said Monday morning.
If and when all lawyers sign Salyer’s proposed declaratory judgment, Salyer will take it to district court for a judge’s signature.
Who owns what on Ocean Drive has been a continuing contention for over half a century. However, with Hughes, the lawsuit has been ongoing for four years. Landowners on Ocean Drive have alleged commissioners’ court took their property to build Ocean Drive without paying compensation.
Ocean Drive re-emerged in the courts after Hughes contested Pct. 1 Commissioner Roger Galvan removing some wooden poles off county easement. Hughes says the poles should have been returned and Galvan used the poles elsewhere in the precinct. Galvan said he told Hughes he was removing the poles and gave him a period to claim them and he did not do so. Then Galvan actually did use the poles elsewhere, Salyer said.
According to the lawsuit documentation filed in the district clerk’s office, on July 9, 2002 Galvan allegedly stole poles off Hughes’ property at Magnolia Beach and used the poles for his own use. Hughes filed his lawsuit on Nov. 18, 2004.
Hughes said Friday the commissioners’ court action concerning Ocean Drive was separate from the issue concerning the poles. “I am still trying to find out if I am going to get my poles back,” he said.
Eventually the old Ocean Drive contention became a part of Hughes lawsuit.
The lawsuit has gone through District Court, that favored Calhoun County and through the appeals court once where it was thrown out on June 12.
“It still is not a done deal,” Salyer noted.
The Texas 13th Court of Appeals threw Hughes appeal out on June 12 because Hughes had failed to get other involved landowners involved in the lawsuit.
“But, court has never determined the width of Ocean Drive,” Salyer said,
According to a declaratory judgment proposed by Salyer, if all parties sign it the width and location of Ocean Drive will be established and this will put an end to the lawsuit. There are 37 landowners involved.
Salyer said commissioners’ court is of the consensus that Ocean Drive should be 60 feet wide. Hughes contends it should be 50 feet wide. Previous complainants wanted Ocean Drive to be 20 feet wide but that is insufficient for utility easements, according to Salyer.
The section of Ocean Drive currently in contention involves 16 blocks in the Malory Addition, according to Salyer.
Hughes said his attorney O. F. Jones is signing the agreement on Hughes’ behalf.
“But it hasn’t been signed yet,” Salyer said.
Will Hughes’ get his poles back?
The county has alleged there is a statute of limitation. The incident occurred on July 9, 2002. The suit was not filed until Nov. 18, 2004, more than two years after the alleged conversion.
“What commissioners’ court did was say okay, let the lawyers settle it,” Shannon Salyer, assistant district attorney, said Monday morning.
If and when all lawyers sign Salyer’s proposed declaratory judgment, Salyer will take it to district court for a judge’s signature.
Who owns what on Ocean Drive has been a continuing contention for over half a century. However, with Hughes, the lawsuit has been ongoing for four years. Landowners on Ocean Drive have alleged commissioners’ court took their property to build Ocean Drive without paying compensation.
Ocean Drive re-emerged in the courts after Hughes contested Pct. 1 Commissioner Roger Galvan removing some wooden poles off county easement. Hughes says the poles should have been returned and Galvan used the poles elsewhere in the precinct. Galvan said he told Hughes he was removing the poles and gave him a period to claim them and he did not do so. Then Galvan actually did use the poles elsewhere, Salyer said.
According to the lawsuit documentation filed in the district clerk’s office, on July 9, 2002 Galvan allegedly stole poles off Hughes’ property at Magnolia Beach and used the poles for his own use. Hughes filed his lawsuit on Nov. 18, 2004.
Hughes said Friday the commissioners’ court action concerning Ocean Drive was separate from the issue concerning the poles. “I am still trying to find out if I am going to get my poles back,” he said.
Eventually the old Ocean Drive contention became a part of Hughes lawsuit.
The lawsuit has gone through District Court, that favored Calhoun County and through the appeals court once where it was thrown out on June 12.
“It still is not a done deal,” Salyer noted.
The Texas 13th Court of Appeals threw Hughes appeal out on June 12 because Hughes had failed to get other involved landowners involved in the lawsuit.
“But, court has never determined the width of Ocean Drive,” Salyer said,
According to a declaratory judgment proposed by Salyer, if all parties sign it the width and location of Ocean Drive will be established and this will put an end to the lawsuit. There are 37 landowners involved.
Salyer said commissioners’ court is of the consensus that Ocean Drive should be 60 feet wide. Hughes contends it should be 50 feet wide. Previous complainants wanted Ocean Drive to be 20 feet wide but that is insufficient for utility easements, according to Salyer.
The section of Ocean Drive currently in contention involves 16 blocks in the Malory Addition, according to Salyer.
Hughes said his attorney O. F. Jones is signing the agreement on Hughes’ behalf.
“But it hasn’t been signed yet,” Salyer said.
Will Hughes’ get his poles back?
The county has alleged there is a statute of limitation. The incident occurred on July 9, 2002. The suit was not filed until Nov. 18, 2004, more than two years after the alleged conversion.
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