Andrew Wright Obtains TRO for Alzheimer’s Association of Houston
On May 2, 2014, Andrew Wright secured a temporary restraining order (“TRO”) in Cause No. 2014-24906, Alzheimer’s Disease and Related Disorders Association, Inc. – Houston v. 5959 Long Investments, LLC, in the 270th District Court of Harris County, Texas, for client the Alzheimer’s Disease and Related Disorders Association, Inc. – Houston (“Alzheimer’s Association of Houston”), enjoining an adjacent landowner from continuing use of a pipe that encroached the property line and was dumping waste on the Alzheimer’s Association of Houston’s property which is the location of its newly renovated regional headquarters.
At the contested hearing, Wright argued the neighbor’s continued use of the pipe would cause the Alzheimer’s Association of Houston immediate and irreparable harm by either causing sewage to openly flow onto the property in violation of various City of Houston ordinances or forcing the Alzheimer’s Association of Houston to capture and dispose of the sewage at its own expense. In granting the TRO, Judge Weiman ordered the Defendant to cease: (1) continuing use of the sewer line at issue until it could be repaired to flow directly into the City of Houston sewer system or causing anything including sewage from flowing onto the property; and (2) otherwise interfering with the Alzheimer’s Association of Houstonâ€™s ownership or possession of the property. Bond of $500 was executed and filed.
On May 16, 2014, the TRO was converted to a Temporary Injunction and trial is set for November 3, 2014 before Judge Gamble. The lawsuit includes claims for trespass, trespass to try title, and tort per se, and seeks permanent injunctive and declaratory relief, damages, court costs and attorneys’ fees.