After more than two years, the dispute in Kingwood’s Royal Shores Village concerning mowing part of a forested reserve was heard by Judge R. K. Sandill of the 127th District Court of Harris County Jan. 30. After hearing from the lawyers from both sides and reviewing previously filed pleadings and motions, Sandill ruled in favor of Jill and Christopher Curran in their lawsuit against the Royal Shores Community Association. The ruling overturns the association’s decision to discontinue routine mowing and brush cutting of a community reserve area adjacent to the Curran property.
“We won!” said Jill Curran in emails and Facebook postings to her friends and supporters.
However, when mowing the area will resume is as yet unknown. The community association may appeal.
Ben Graves, president of the Royal Shores Community Association, provided the following written statement Feb. 12:
“As of today, the court has not issued its final decision on the lawsuit. There are several motions before the court that must be reviewed and, if there is an adverse ruling, the association will consider its option to appeal the ruling in the appellate court since it is very clear that the contested area, which does not abut the Currans' property, was meant to be a forested reserve. Furthermore, the association was never a party to the contract for the sale and construction of the home between the Currans and their builder, Brickland Homes.”
In the meantime the Currans consider the judgment to be confirmation that they did the right thing both for themselves and for the good of the community.
“I would like to say that Royal Shores is potentially one of the best neighborhoods in Kingwood and the residents need to take back control in order to protect our property values.
No homeowner should have to go through what we have endured,” Jill Curran said.
The Currans’ lawyer, Jan Fry, pointed out the Summary Judgment is a ruling on the points of law that apply to this specific case. Since the ruling is favorable to the Currans, she said, there should be no need to pursue the case further from their standpoint. Fry expects an injunction to stop the association from no longer mowing the area in question and explained that any further legal action, once the Summary Judgment is final, will be up to the Royal Shores Community Association.
Cutline: A judge recently ruled in favor of the Currans of Royal Shores to resume mowing of this area. Photo by Bruce Olson