A legal battle between a Bacliff man and his municipal utility district over excess water charges could soon come to an end, according to the man’s lawyer.

“The parties have settled their dispute that we believe is fair and reasonable to both parties,” said Mark Aronowitz, the attorney representing Thomas Charles Kelly IV. “The parties are in the process of effectuating the terms of the settlements and will soon be presenting a final proposed settlement agreement to the court of its approval.”

Kelly filed a lawsuit against Bacliff Municipal Utility District in the 56th District Court, asserting that it had been overcharging him and refusing to return money that was owed him.

The utility district is the only water provider in the area and since May of 2015 has been overcharging Kelly about $100 a month, the lawsuit asserts.

The overcharges are because of a belief that Kelly has made improvements to property in the 100 block of Mary Lane in Bacliff, but the district won’t correct its billing practices despite Kelly saying he hasn’t made improvements, the lawsuit asserts.

The district in October of 2016 gave Kelly a credit of about $1,800 to obtain separate water and sewer taps at the Mary Lane property, but he did not do so because it would have been too expensive, the lawsuit asserts.

“Defendant has failed to apply that credit against outstanding bills charged against plaintiff for utility service,” the lawsuit said.

The lawsuit asks that the court declare that the property on Mary Lane to be part of Kelly’s original property in the 5100 block of West Bayshore Drive and therefore doesn’t need separate water and sewer taps.

Following the filing, the two sides then reached an agreement July 5 to remove a temporary injunction, court records show.

As part of that agreement, the utility district would stop charging Kelly the extra $100 a month, would use $1,500 of the overcharges to add a new water tap at the Mary Lane location and would refund Kelly’s additional fee payments, court records show.

The terms of the settlement and a final dismissal of the case had not yet been presented in court, court records show.

Falling dangers

A Houston man is suing Nike, claiming a metal sign fell on him while he was shopping at Tanger Outlets in Texas City.

Andrew Silva filed the lawsuit against Nike and Tanger Properties in late June in County Court No. 3, records show.

While visiting the Nike store at Tanger Outlets in July of 2015, a metal sign fell on top of Silva, striking him in the head, as he was reaching for clothing off a rack, the lawsuit asserts.

The lawsuit requests a jury trial and an award between $200,000 and $1 million for damages, records show.

Unsettled account

A transportation company is suing a Galveston County chemical group, asserting it hasn’t been paid for all of its services.

Penn Transport LLC provided trucking and transport services for C Squared Chemicals, based in Kemah, according to the lawsuit.

While the chemical company paid some of its balance, about $96,000 remains unpaid and the company has not paid despite several written demands, the lawsuit asserts.

The lawsuit requests relief between $100,000 and $200,000, records show.

The lawsuit was filed June 28 in the 122nd District Court, Judge John Ellisor presiding.

Bond reduction

One of the men facing charges after a major accident shut down part of Interstate 45 at FM 518 on June 17 is seeking to have his bond reduced.

Jorge Gonzalez, 26, is facing six counts of aggravated assault against a public servant and one count of evading arrest. His bond is set at $630,947, jail records show.

Gonzalez is accused of driving his vehicle through the scene of an accident that shut down the interstate.

After driving through the scene of the accident, Gonzalez led police on a chase before eventually being arrested, officials said.

Gonzalez has a municipal hold placed on him by Harris County and has a previous conviction of driving while intoxicated, jail records show.

Gonzalez is seeking to have his bail reduced from $100,000 for each of the aggravated assault against a public servant charges to $5,000, court records show.

The hearing is set for 8:30 a.m. today in the 10th District Court, Judge Kerry Neves presiding.

Matt deGrood: 409-683-5230; matt.degrood@galvnews.com

(3) comments

Randy Chapman

I don't think Mr. Gonzales should have his bond reduced. Way too much disrespect for the law to allow him to go free and expect him to show up for his case when called.

Lawrence Kagan

I was on 45N about 4:30 on June 17. If this guy was driving a black Camaro, he belongs where he is...behind bars. He was all over the freeway at way over the speed limit.

George Croix

Here's hoping ALL parties to any and all lawsuits everywhere get exactly what they deserve.

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