Pro Se Plaintiff Louis Charles Hamilton II herein respectfully request the “Honorable Justice” Notice
(Harry C. Arthur) is a License “Attorney at Law” TBN: 01364000 “In and for the State of Texas
There by work product doctrine design, directly motivated to all causes of actions,
Fully clear, straight cut and extreme being very precise “complete investigations” into all of
(Harry C. Arthur Esq.) “Tort” litigations as required protocol before the Defendant
“State of Texas, Harris County 215 District Judicial Court herein
Facts of the said petition one (Harry C. Arthur and the Marine Building, L.L.C,)
Plaintiff Exhibit P-1 attached herein describing completely before the “Honorable Justices” as follows:
V
“It has become necessary to bring this lawsuit as a result of an operation called the Beacon that is run by the Defendant, The Christ Church Cathedral. The Church has opened a soup kitchen for “derelicts of Houston.
The Church now feeds, has washers and dryers for laundry services to the homeless and provides employment services, health services, legal services and other services.
This Humanitarian effort, under most circumstances, would be admirable. However, what start as good and noble idea, has instead grown and turned into
“Danger to the health and safety neighboring property owners. The “Clientele of the Beacon” hang out on the sidewalks and the two streets adjacent to the facility.
The Beacon is located at the southwest corner of Prairie and Caroline.
The persons attracted by the free help, have enormously increased and now number in the several hundred.
They congregate on the sidewalks and into the street, because the church will not allow them to smoke inside the facility.
Their presence disrupt pedestrians, disrupt traffic on the street and creates a “Health hazard with urination and defecation on the neighboring properties.
On Tuesdays, Wednesdays, and Thursdays, when the Beacon’s operation is closed, things are once again pleasant.
However, beginning on Thursday night and continuing through Monday nights, hundreds of disheveled individuals sleep and hang out on the streets and sidewalks near the facility.
The individuals sing, play music, dance, fight, share drugs and other undesirable activities.
The Beacon is closed at night and the church does not let them sleep on their premises, therefore, the individuals sleep on blankets and sleeping bags on the sidewalks and properties nearby.
The Defendant’s operation of the Beacon has disrupted the peaceful use and enjoyment of neighboring properties, including Plaintiff’s property.
The Marine Building, a three story office building located on the northeast corner from the Beacon at 1305 Prairie, Houston, Texas 77002.
Plaintiff’s Claim for Private Nuisance
Plaintiff, Harry C. Arthur, would show that he is is an owner of the The Marine Building, L.L.C.
and has his law office on the second floor of the Marine Building. Mr. Arthur rents office space, that he does not personally use, in the three story office building.
Christ Church Cathedral has interfered with and invaded the Plaintiff’s interest in this private property.
The street people attracted by the Beacon did not exist in any numbers in the immediate area around the Marine Building before the Defendant started
The Beacon. On Tuesdays, Wednesday, and Thursday, when the Beacon is closed, there are no or very few street people in the area.
By opening and operating this facility the Defendant and residence owners use and enjoyment of their properties.
The Beacon has also encouraged others with probably good intentions to bus indigent people to The Beacon so that they may also be fed and care for.
The other institutions, now busing people to The Beacon from all over Harris County, has multiplied enormously the numbers of people daily who take advantage of the Beacon’s services
And thereby proportionally increased the disruption of the peaceful enjoyment of the property owners and inhabitants of the neighboring properties.
The Defendants have ignored the pleas of their neighbors to help alleviate this problem.
Instead of helping to lessen the impact of this tremendous influx of people who stand and sleep on the sidewalks and the street, the Defendants have allowed the problem to worsen.
Plaintiff’s Damages
Before the opening of the Beacon, the offices in the Marine Building were almost full.
Since the opening of the Beacon, over time, tenants get tired of having to cope with panhandlers and other homeless type accosting them on the sidewalks near the building.
Because of the Defendants failure to control and the market value of the Marine Building has dropped substantially.
Most of all, just the peaceful enjoyment of the area around the building has been lost. Plaintiff therefore sues for the loss of market value damages
caused by this nuisance; damages for loss of use and enjoyment caused by this nuisance, all of which damages are at least the sum of
Two hundred fifty thousand dollars, for which sum the Plaintiff herein now sues.
Permanent Injunction
‘economic and peaceful enjoyment damages that the Beacon has caused the operations of the Beacon has created a “health hazard to the entire area”.
The persons attracted by the free meals, free laundry and other services, urinate, defecate and drop trash in the street, sidewalks, doorways, and other private property areas of the neighbors.
This compels the neighboring property owners to have to continually try to clean up the messes left by the Beacon’s clients.
Plaintiff ask the Court to permanent enjoin the Defendant from continuing to operate this soup kitchen and associated activities.
No comments:
Post a Comment