A long-disputed case between Rouzan developer Tommy Spinosa and two families whose properties sit in the middle of his Traditional Neighborhood Development—but are not technically part of it—are back before 19th Judicial District Court Judge Janice Clark this afternoon.
At issue in the hearing, which began at 2 p.m., is whether several homes Spinosa built atop an access road the families used before Rouzan was developed have to be removed and by when.
Also before the court is whether the Welch and Hoover families are entitled to monetary damages.
The hearing comes one day before the Sept. 21 deadline set by the First Circuit Court of Appeals to resolve the two issues. But the opposing sides interpret the appellate court ruling differently so it’s not clear what may result from the hearing.
Alex St. Amant, who represents the Welch and Hoover families, says the First Circuit ordered Judge Clark to set a timeline for removal of the houses in question by Sept. 21 and also to establish a damage award.
But Spinosa’s attorney Jay O’Brien says that’s not how he reads the appellate ruling.
“The Court of Appeals was very specific,” O’Brien argued. “And that is to set a timeline for restoration of a servitude. Never does it require any structures to be eliminated or torn down.”
As for damages, O’Brien concedes the Welch and Hoover families have been inconvenienced by construction in Rouzan but are not legally entitled to damages.
Earlier this month the two sides engaged in settlement talks to try to resolve the issue but were not able to come to an agreement.
Spinosa is not in court today. St. Amant tried to subpoena the developer but says Spinosa could not be located to be served.
The hearing is expected to continue throughout the afternoon and may continue into Thursday.
—Stephanie Riegel
