Preview
Cause No.
RIGBY OWEN, JR. and LUCINDA IN THE DISTRICT COURT OF
OWEN
Vv.
TRIPLE-B RV PARK, LAKESIDE,
LLC, MONTGOMERY COUNTY, TEXAS
PHILIP W. BULLOCK, JR.
SAMANTHA BULLOCK,
SHERI BULLOCK,
JEFF BULLOCK,
PAUL BULLOCK, and
TARA BULLOCK, all individually
and as members/managers of
TRIPLE-B RV PARK, LAKESIDE, JUDICIAL DISTRICT
LLC
ORIGINAL PETITION
FOR TEMPORARY RESTRAINING ORDER,
TEMPORARY AND PERMANENT INJUNCTION
TO THE HONORABLE COURT:
Plaintiffs, RIGBY OWEN, JR., and LUCINDA OWEN, complain of
Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC, PHILIP W. BULLOCK, JR.,
SAMANTHA BULLOCK, SHERI BULLOCK, JEFF BULLOCK, PAUL
BULLOCK, and TARA BULLOCK, all individually and members/managers of
TRIPLE-B RV PARK, LAKESIDE, LLC, and for causes of action respectfully show
the following:
Discovery Control Plan
1. Pursuant to Tex. R. Civ. P. 190 this is a Level 2 suit.
Requested Relief
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2. Plaintiffs seek relief in excess of $200,000.00 but less than $1 million and
non-monetary relief.
Parties
3. The following individuals are plaintiffs in this lawsuit:
a. Plaintiff, RIGBY OWEN, JR., is an individual residing at 3607
Brookhaven Dr., Montgomery, Montgomery County, Texas 77356.
b. Plaintiff, LUCINDA OWEN, is an individual residing at 3607
Brookhaven Dr., Montgomery, Montgomery County, Texas 77356.
4. The following individuals and persons are defendants in this lawsuit:
a. Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC, is a Texas
limited liability company. It maintains its principal place of business at
717 West 30" Street, Houston, Harris County, Texas 77018. Its
registered agent for service of process is Philip W. Bullock, Jr., whose
address is 717 West 30" Street, Houston, Harris County, Texas 77018.
Additionally, its members and managers are Philip W. Bullock, Jr.,
Samantha Bullock, Sheri Bullock, Jeff Bullock, Paul Bullock and Tara
Bullock. This entity may be served with process by serving any of those
individuals at that address or where ever they may be found.
Defendant, PHILIP W. BULLOCK, JR., is an individual whose address
is 717 West 30" Street, Houston, Harris County, Texas 77018. Upon
information and belief this individual also maintains an address of
12800 Melville Dr., Apt. 205A, Montgomery, Montgomery County,
Texas 77356. Upon information and belief this Defendant is a member
and manager of TRIPLE-B RV PARK, LAKESIDE, LLC. This
Defendant may be served with process at those addresses or wherever
he/she may be found.
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Defendant, SAMANTHA BULLOCK, is an individual whose address
is 717 West 30" Street, Houston, Harris County, Texas 77018. Upon
information and belief this individual also maintains an address at
12800 Melville Dr., Apt. 205A, Montgomery, Texas 77356. Upon
information and belief this Defendant is a member and manager of
TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be
served with process at those addresses or wherever he/she may be
found.
Defendant, SHERI BULLOCK, is an individual whose address is 717
West 30" Street, Houston, Harris County, Texas 77018. Upon
information and belief this Defendant is a member and manager of
TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be
served with process at that address or wherever he/she may be found.
Defendant, JEFF BULLOCK, is an individual whose address is 717
West 30 Street, Houston, Harris County, Texas 77018. Upon
information and belief this Defendant is a member and manager of
TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be
served with process at that address or wherever he/she may be found.
Defendant, PAUL BULLOCK, is an individual whose address is 717
West 30" Street, Houston, Harris County, Texas 77018. Upon
information and belief this Defendant is a member and manager of
TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be
served with process at that address or wherever he/she may be found.
Defendant, TARA BULLOCK, is an individual whose address is 717
West 30" Street, Houston, Harris County, Texas 77018. Upon
information and belief this Defendant is a member and manager of
TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be
served with process at that address or wherever he/she may be found.
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Jurisdiction
5 This Court has jurisdiction of this lawsuit because the amount in
controversy exceeds the minimum jurisdictional limits of the Court. Alternatively,
Plaintiffs seek injunctive and other equitable relief that may only be granted by a
district court.
Venue
6 Venue is proper in this county because the acts of or events made the
basis of Plaintiff's claims are occurring or will occur in Montgomery County, Texas.
The Facts
7 Plaintiffs reside on and own property on a peninsula in the Walden on
Lake Conroe subdivision in Montgomery County, Texas that is served by a one-way,
dead end residential street known as Brookhaven Drive. The street was originally
designed and constructed and exists as a two-way residential street approximately
26 feet wide from curb to curb. It is the only land access to the proposed RV park
site in question.
8 On or about May 9, 2019, Defendants, acting through Defendant,
TRIPLE-B RV PARK, LAKESIDE, LLC, purchased a 3.29-acre tract of land with
an address of 3800 Brookhaven Drive that is located adjacent to but outside the
Walden on Lake Conroe subdivision and which may only be accessed by driving
through the residential subdivision down Brookhaven Drive, which is a residential
street maintained by Montgomery County.
Private Nuisance
9 On May 8, 2019, the day prior to the purchase of the land,
representatives of TRIPLE-B RV PARK, LLC made a public presentation to the
board of directors of the Municipal Utility District No. 8 in which they outlined their
plans to develop the 3.29 acres of land as an RV park (i.e., a place where they will
rent spaces to recreational vehicles designed for the overnight accommodation of
persons and related activities). The purpose of the presentation was to convince the
Municipal Utility District to agree to provide the property with adequate water and
wastewater services for the planned RV park. Municipal Utility District No. 8’s
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boundaries do not include the planned RV park site and therefore Municipal Utility
District No. 8 is not obligated to provide them with those services. At the time this
lawsuit is filed Municipal Utility District No. 8’s board of directors has not made a
decision concerning the request for services. It is likely the board of directors will
deny the request because it is so strongly opposed by the voters in the district.
10. As part of the presentation the representatives asserted that if the
Municipal Utility District declines to provide the water and wastewater services,
they would nevertheless proceed with their plans by drilling their own water well
and installing a wastewater treatment facility on the site adequate to serve the
planned 23 or so RV spaces. The wastewater treatment facility would have to be
large enough to dispose of the waste of essentially 23 or more small homes at full
capacity on the site. From the materials presented there would be a central
wastewater collection tank where the wastewater would be collected (including raw
sewerage, human waste and the like) and the effluent would then be sprayed over a
large area of land on site but immediately adjacent to several homes in the
subdivision and within 300 feet of Plaintiffs’ home. Upon information and belief and
from experience, such wastewater disposal systems emit noxious fumes and odors
that will travel to at least the immediately adjacent homes on a continuing basis and
will be evident at other homes in the immediate area depending on wind conditions.
Plaintiff's home will experience these noxious fumes during the spring and summer
months when the wind is generally from the south. This will also be the peak months
for use of the RV park, especially during the Memorial Day, Independence Day and
Labor Day holidays. Although these will likely be the peak usage times, the RV park
will be open continuously throughout the year, necessitating the wastewater
treatment system to operate throughout the year.
11. The noxious fumes and odors created by the on-site wastewater
treatment and disposal system will constitute a private nuisance as that term is
defined in the law because it will unreasonably interfere with the use and enjoyment
of Plaintiffs’ property and cause them substantial damage, both in the loss of the use
and enjoyment of their home and/or in the loss of a substantial amount of the home’s
fair market value. Plaintiffs’ home is currently valued at $821,550.00 for the 2019
property tax year. Plaintiffs believe they will lose in excess of $200,000.00 in fair
market value from their home, or approximately one-quarter of its value. A similar
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home located between Plaintiffs’ home and the RV park site is currently for sale. A
potential buyer, upon learning of the planned RV park, backed out from an offer to
purchase the home.
12. In addition to the private nuisance set forth above, additional private
nuisances will likely be created simply based on the activities that commonly occur
at an RV park, such as loud outdoor parties, other recreational activities, vandalism,
criminal acts and the like.
Public Nuisance
13. In addition to the private nuisances set forth above, the planned
development of the RV Park will create a public or common nuisance by blocking
traffic on Brookhaven Drive. All of the recreational vehicles using the RV park will
only be able to access the park by using that residential street. There is no other
public road or street that could serve as an entrance to the RV Park.
14. Brookhaven Drive, as it exists, is a county road that is only 26 feet wide
from curb to curb. It was designated for and is still only used as a residential street
for access by residents along the street. It is frequented by vehicles commonly
associated with residential streets like cars, pickup trucks, sport utility vehicles, the
occasional boat and trailer, garbage trucks, delivery vans, tradesmen who perform
repair and maintenance services, and golf carts. It was never designed as an entrance
for a lakeside RV park that houses up to 8-1/2-ft. wide x 45-ft. long recreational
vehicles, such as diesel motor homes and fifth wheel trailer recreational vehicles
with gross vehicle weights up to 51,000 Ibs (25 tons). Parking is permitted on each
side of the street and it is common for not only passenger vehicles but large delivery
trucks and vans to be legally parked on the street. Also, Montgomery County
currently permits the use of golf carts on the public streets of the subdivision, even
by unlicensed drivers. Attached to this Petition as Exhibits 1-7 to Exhibit A and
incorporated by reference is a series of photographs of the street beginning from
where Brookhaven Drive intersects Walden Road and continuing to the entrance at
3800 Brookhaven Drive, site of the proposed RV Park. The photographs generally
show the width of the street, several vehicles legally parked along the curbs on each
side of the street, and the difficulty any long recreational vehicle would have in
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navigating the narrow street, especially the sharp curve immediately in front of
Plaintiffs’ home at 3535 Brookhaven drive. In addition to the recreational vehicles
themselves, it is quite common for RV owners to tow automobiles and boats on
trailers behind them, making it even more difficult to navigate narrow streets and
roads.
15. Walden Road is the only access from SH 105 to the south onto
Brookhaven peninsula. It, too, is a narrow, two-lane roadway most of the way from
the entrance to the subdivision until it dead ends about one-half mile past the
intersection with Brookhaven Drive. The only thing marking the streets are common
street signs. If an RV operator accidentally passes the left turn to Brookhaven Drive
there is no easy place to turn around beyond that intersection and come back because
it is all narrow, residential streets. Walden Road itself is just two lanes wide with no
shoulders. It has steep ditches on either side. This is inevitably going to create serious
ingress and egress problems for residents along Walden Road, too. Brookhaven
Drive itself is a side street with no stop lights, marked lanes or turning lanes.
16. The large number of recreational vehicles that will be using
Brookhaven Drive after the RV Park begins operating will, upon information and
belief, cause many instances of where the street is completely blocked. There is
insufficient room for even one large recreational vehicle to navigate the street under
normal conditions, much less room for two large vehicles to pass each other as one
is leaving the RV park and another is entering the RV park. Also, once a large vehicle
has started down the street, there is no room for one of them to safely back up, move
aside or turn around to allow another long, large vehicle to pass.
17. Upon information and belief, Defendant, TRIPLE-B RV PARK,
LAKESIDE, LLC purchased the subject Property on or about May 9, 2019 and the
principals of TRIPLE-B RV PARK, LAKESIDE, LLC immediately began work on
the ground to move forward with construction of the RV park. As of May 15, 2019,
no actual construction had begun.
18. Construction of the RV park will likely require dozens if not hundreds
of large vehicles to travel in and out of the 3.29 acres of land to deliver construction
materials such as concrete, dirt and gravel, lumber, pipe and the like, creating a
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public or common nuisance in its own right that could last for months. As noted
elsewhere, it is legal to park on either side of Brookhaven Drive. Attached as Exhibit
8 to Exhibit A is a photograph of the 3500 block of Brookhaven Drive facing south.
On either side of the street are legally parked pickup trucks. The street is 26-feet
wide at this point. There is only 12 feet to 12-1/2 feet of clearance between the
bumpers of the two trucks. The side mirrors of each truck reduce clearance between
the trucks to approximately 10 feet to 10-1/2 feet. A typical dump truck or concrete
truck is at least 10-feet wide. Effectively there is no room for such a vehicle to safely
negotiate the street, meaning the ingress and egress for persons living on the street
will be blocked.
19. The construction activities will also cause TRIPLE-B RV PARK,
LAKESIDE, LLC, to expend large sums of money for that construction that could
ultimately result in serious financial losses to the parties unless the Court takes action
to maintain the status quo until the serious legal issues raised by this lawsuit can be
determined.
20. Plaintiffs have a reasonable fear that operation of the RV park by
Defendants will create further private nuisances because of the way Plaintiffs
operate a similar park in Magnolia, Texas. Defendants are the owners and operators
of Triple-B RV Park, LLC, which is located at 3003 Honea-Egypt Road, Magnolia,
Texas 77354. Attached as Exhibits 9-12 to Exhibit A is a series of four photographs
that show the RV park on Sunday morning, May 19, 2019. There were
approximately a dozen guest RV’s at the park, but no on-site employees to monitor
activity. Upon information and belief Defendants routinely operate the park with no
employees present. The park consists of dirt/gravel driveways and dirt/gravel rental
pads. It has spaces for approximately 20 RV’s to park onsite, a laundry room and
two other buildings that appear to be for guest use. It also stores and sells propane
on site, which is a dangerous commercial activity. And even if Defendants do not
intend to store and sell propane at the new site on Brookhaven Drive, most RV’s
store propane in retail bottles so there will be a large number of propane bottles on
site.
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First Claim for Relief — Public Nuisance
21. Plaintiffs assert a cause of action against all defendants for creating a
public or common nuisance. Plaintiffs, as individuals, have standing to assert this
claim for relief because, although individuals, they will suffer damages of a kind
different from the average member of the public because they reside on the street in
question and their right of ingress and egress will be negatively and severely affected
by Defendants’ planned use of the public street. See, e.g., Quanah Acme & Pac. Ry.
v. Swearingen, 4 S.W.2d 136, 139 (Tex. App. — Austin 1956, no writ), Kalteyer v.
Sullivan, 46 S.W. 288, 290 (Tex. Ap. — San Antonio 1898, writ ref'd). Kjellander v.
Smith, 652 S.W.2d 595, 599-600 (Tex. App. — Tyler 1983, no writ); Dipp v. Rio
Grande Produce, 330 §.W.2d 700, 701 (Tex. App. — El Paso 1959, writ ref’d, n.r.e.).
(A person who owns property on a public street suffers injuries of a kind different
in nature and degree from the public at large because obstructing the street injures
their right of ingress and egress, giving them standing to sue to abate a public
nuisance).
22. Defendants’ planned use of the street will not only block the street but
create inherently dangerous traffic conditions in the confined spaces, which will
cause substantial damages to Plaintiff in an amount in excess of the minimum
jurisdictional limits of the court, for which they now sue. Those damages will be in
the loss of their right of ingress and egress, both day and night, and in the inherent
loss in value of their property.
Second Claim for Relief — Private Nuisance
23. Plaintiffs assert a cause of action against the Defendants, jointly and
severally, for creating a private nuisance through their planned operation of the RV
Park. Defendants’ activities will include the operation of an on-site wastewater
treatment and disposal system that, upon information, belief and experience, will
create noxious fumes and odors that will unreasonably interfere with Plaintiffs’ use
and enjoyment of their property, causing them substantial damage in an amount in
excess of the minimum jurisdictional limits of this court, for which they now sue.
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Third Claim for Relief -- Request for Temporary Restraining Order
A TEMPORARY RESTRAINING ORDER IS
NECESSARY TO PRESERVE THE STATUS
QUO AND MINIMIZE DAMAGES THE
PARTIES MAY SUFFER IF DEFENDANTS
ARE ALLOWED TO PROCEED WITH
CONSTRUCTION BEFORE THE COURT
CAN HOLD A HEARING IN THIS MATTER.
24. Plaintiffs hereby incorporate Paragraphs 1-23, above, as if fully set
forth again at this point.
25. Plaintiffs have demonstrated a probable right of recovery on their
underlying causes of action that Defendants are creating or will create a public or
common nuisance by their use of Brookhaven Drive to access the RV park site, both
immediately with large construction vehicles and on a permanent basis with large
recreational vehicles.
26. Once construction begins in earnest Defendants will have to employ
large numbers of concrete trucks, flatbed trucks, heavy equipment and the like for
site work and to construct driveways, rental pads, electrical hookups, and install
water and sewer lines to service the rental pads. All of these vehicles will have to
access the site using Brookhaven Drive. This will be an over use of the street for
which it was not designed, both in the weight of the vehicles and in the size of the
vehicles. Plaintiffs’ right of ingress and egress will inherently be violated by this
use.
27. Plaintiffs will be irreparably harmed if construction is allowed to
proceed until such time as the court can give notice and hold a hearing on Plaintiff's
application for a temporary injunction.
28. The harm occasioned to Plaintiffs will be great in the form of large
construction vehicles using and blocking traffic on Brookhaven Drive on a daily
basis if construction is allowed to proceed. This harm greatly outweighs the harm
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that will be occasioned to defendants by the issuance of a temporary restraining
order, which will be the mere delay in their project until such time as the court can
hear evidence on the issuance of a temporary injunction.
29. Plaintiffs have no adequate remedy at law because the harm they will
suffer in the interim if a temporary restraining order is not issued cannot be
adequately compensated for by the payment of money damages, which would be
difficult to calculate with reasonable certainty. Also, if Defendants are allowed to
proceed with construction that is ultimately enjoined, all parties could suffer serious
harm by unnecessarily increasing the costs to both sides. Maintenance of the status
quo is essential to mitigate those potential losses.
30. Plaintiffs are willing to post a good and sufficient bond to indemnify
Defendants if it is later determined Plaintiffs wrongfully sued out their writ of
temporary restraint. Plaintiffs assert a reasonable bond for issuance of a temporary
restraining order in this matter would be in an amount not exceeding $20,000.00.
31. The affidavit of Rigby Owen, Jr., is attached to this pleading as Exhibit
A to establish facts not apparent from the record.
32. Plaintiffs ask the Court to enter a Temporary Restraining Order that
prohibits Defendants from engaging in any construction activities on the 3.29 acres
where the RV park is planned that would require large vehicles to use Brookhaven
Drive for ingress and egress to the sight. Plaintiffs consider “large vehicles” t
include any vehicle weighing more than 12,000 pounds gross weight (6 tons) or
having more than two axles.
33. Plaintiffs ask that the Temporary Restraining Order be good for a period
of at least 14 days unless extended by further order of the court for an additional 14
days, or until such time as the Court can hold a hearing on Plaintiff's Application
for Temporary Injunction set forth below.
Fourth Claim for Relief -- Temporary Injunction
34. Plaintiffs incorporate Paragraphs 1-33, above, as if fully set forth again
at this point.
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35. Plaintiffs ask the Court to schedule this matter for a hearing with notice
to Defendants, and after notice and a hearing enter a temporary injunction in
conformity with the request for a temporary restraining order set forth above.
36. Plaintiffs further ask that the bond posted as a condition for issuance of
the temporary restraining order be converted to a bond for the temporary injunction.
37. Plaintiffs ask the Court to prohibit Defendants from constructing
facilities on the property at 3800 Brookhaven Drive to treat wastewater until such
time as the Court is satisfied the facility will not cause harm to Plaintiffs in the form
of noxious fumes and odors and will not otherwise harm the local environment,
including nearby Lake Conroe.
38. Plaintiffs ask the Court to prohibit Defendants from operating an RV
park on the property at 3800 Brookhaven Drive until such time as the Court is
satisfied the operation of an RV Park will not unreasonably interfere with Plaintiffs’
rights to ingress and egress to their homes located on Brookhaven Drive.
Fifth Claim for Relief — Permanent Injunction
39. Plaintiffs ask that after final trial Defendants be permanently prohibited
from operating an RV park on the site to prevent the public, common and private
nuisances that would result from their planned activities, as set forth above.
Prayer
40. Because of the foregoing, Plaintiffs pray the Court will cite Defendants
to appear and answer this Petition, grant a temporary restraining order as set forth
above, and after hearing, grant a temporary injunction as set forth above, and after
final trial enter judgment for Plaintiffs and against Defendants as follows:
a. For all actual damages occasioned by Defendants creation of public,
common and private nuisances;
b. For a permanent injunction as set forth above;
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c. For all costs of court; and
d. For any other relief that is just.
Respectfully submitted,
THE OWEN LAW FIRM
By: 4s/Rigby Owen III
Rigby Owen III
TBN 00789532
Rigby1964@yahoo.com
William Britton Hall
TBN 24025406
Billhall17@yahoo.com Email for service
401 West Davis St.
P.O. Box 2494
Conroe, Texas 77305
936-539-5800 Telephone
936-539-5833 Facsimile
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Undersigned counsel certifies that to his knowledge the Defendants in this case are
not represented by counsel and it was not possible to confer with Defendants about
the injunctive relief requested in this pleading prior to being filed with the Court.
/s/ Rigby Owen III
Rigby Owen III
Attorney for Plaintiffs
Page 14 of 14
Cause No.
RIGBY OWEN, JR. and LUCINDA IN THE DISTRICT COURT OF
OWEN
v.
TRIPLE-B RV PARK, LAKESIDE,
LLC, MONTGOMERY COUNTY, TEXAS
PHILIP W. BULLOCK, JR.
SAMANTHA BULLOCK,
SHERI BULLOCK,
JEFF BULLOCK,
PAUL BULLOCK, and
TARA BULLOCK, all individually
and as members/managers of
TRIPLE-B RV PARK, LAKESIDE, JUDICIAL DISTRICT
LLC
AFFIDAVIT OF RIGBY OWEN, JR., INSUPPORT OF
APPLICATION FOR TEMPORARY RESTRAINING ORDER
STATE OF TEXAS
COUNTY OF MONTGOMERY
BEFORE ME, the undersigned authority, on this day personally appeared
RIGBY OWEN, JR., who after being duly sworn deposed upon oath as follows:
1 “My name is RIGBY OWEN, JR. I am legally competent to make this
affidavit and testify to the facts set forth herein. The facts stated in this affidavit are
true and correct and are within my personal knowledge or, if not within my personal
knowledge, are based upon an examination of public records and other sources such
that my testimony would be admissible in a Texas court.
2. “T am one of the named Plaintiffs in this lawsuit along with my wife,
LUCINDA OWEN. We reside at 3607 Brookhaven Drive, Montgomery,
Montgomery County, Texas 77356. The house we own there has a fair market value
according to the Montgomery County Appraisal District of $821,550.00 for the 2019
tax year.
EXHIBIT
A Page 1 of9
3 “T have been in the real estate business in Montgomery County, Texas
for more than 40 years. I have a working knowledge of the Montgomery County
residential and commercial real estate market, having bought, owned and sold many
properties. With respect to my property at 3607 Brookhaven Drive I am competent
to give my opinion about its fair market value and the negative effect on that fair
market value the proposed activities discussed in this affidavit would have on my
property. I believe that if the Defendants are allowed to proceed with their plans the
fair market value of my house at 3607 Brookhaven Drive could be reduced by more
than $200,000.00, or more than one-quarter of its value.
4 “The following individuals and persons are defendants in this lawsuit:
TRIPLE-B RV PARK, LAKESIDE, LLC and its members/managers: PHILIP W.
BULLOCK, JR., SAMANTHA BULLOCK, SHERI BULLOCK, JEFF BULLOCK,
PAUL BULLOCK and TARA BULLOCK. In the entity documents filed with the
Texas Secretary of State they each list an address of 717 W. 30" Street, Houston,
Texas 77018. I have also found records that PHILIP W. BULLOCK, JR., and
SAMANTHA BULLOCK own a condominium at 12800 Melville Dr., Apt. 205A,
Montgomery, Texas 77356. This condominium is located in the Walden on Lake
Conroe subdivision.
5 “T am seeking a temporary restraining order, temporary injunction and
permanent injunction against the above-named individuals and entities to prevent
them to from going forward with development of the property at 3800 Brookhaven
Drive, Montgomery, Montgomery County, Texas, into an RV park.
6 “If defendants are allowed to construct an RV park it will create severe
public, common and private nuisances that will have a serious negative affect on the
value of our property, causing us substantial damage for which I do not believe there
is any adequate remedy at law.
7 “My house is located on Brookhaven Drive. The street was originally
designed, constructed and exists as a two-way residential street approximately 26
feet wide from curb to curb. It has no stop lights, marked lanes or turning lanes. It is
the only land access to the proposed RV park site in question. Attached as Exhibits
1-4 to this Affidavit and incorporated by reference is a series of photographs that
show Brookhaven Drive from the point it leaves Walden Road headed generally
north to where it makes a sharp, more than 90-degree curve to the right (generally
eastbound) in front of my house. The public portion of Brookhaven Drive then
continues about one-tenth of a mile to the east. From that point, shown in Exhibits
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5-7 and incorporated by reference there is a wye. At this wye Brookhaven Drive
curves to the southeast and then east again as a private, dirt road. The proposed RV
park site, 3800 Brookhaven Drive, is located immediately to the right on this private
dirt road. If you take the wye to the left, which is paved with concrete, this is a private
street known as Brookhaven Point. It runs in a horseshoe shape around to the right
and eventually, after about one-quarter of a mile, intersects with the private portion
of Brookhaven Drive but is blocked at that point with a fence. These photographs
show that Brookhaven Drive from Walden Road to the end of the publicly
maintained portion is only 26 feet wide. These photographs were taken between 8:00
a.m. and 9:00 a.m. on Wednesday, May 15, 2019. They show various vehicles
legally parked on the street. They also show that a large recreational vehicle, or any
other long, large vehicle, would have difficulty navigating the street because it is so
narrow. This would be especially true if a motor-driven recreational vehicle was
towing a boat or car on a trailer. It would also be true if a non-motorized recreational
vehicle was being towed by a vehicle large enough to pull it. Exhibit 8 is a
photograph of Brookhaven Drive facing south in the 3500 block. On either side of
the street are two legally parked common pickup trucks. There is only 12 feet of
clearance between them from bumper to bumper. With the side mirrors the clearance
is reduced to 10-1/2 feet. That means any long vehicle eight feet or wider would
have a very difficult time negotiating the space between them, whether it is a large
recreational vehicle or a large construction vehicle like a dump truck or concrete
truck. Most recreational vehicles, dump trucks and concrete trucks are at least eight
feet wide and many exceed 10 feet in width.
8 “On or about May 9, 2019, Defendants, acting through Defendant,
TRIPLE-B RV PARK, LAKESIDE, LLC, purchased the 3.29-acre tract of land.
9 “On May 8, 2019, the day prior to the purchase of the land,
representatives of TRIPLE-B RV PARK, LAKESIDE, LLC made a public
presentation to the board of directors of the Municipal Utility District No. 8 in which
they outlined their plans to develop the 3.29 acres of land as an RV Park (i.e., a place
where they will rent spaces to recreational vehicles designed for the overnight
accommodation of persons and related activities). The purpose of the presentation
was to convince the Municipal Utility District to agree to provide the property with
adequate water and wastewater services for the planned RV park. Municipal Utility
District No. 8’s boundaries do not include the planned RV park site and therefore
Municipal Utility District No. 8 is not obligated to provide them with those services.
At the time this lawsuit is filed Municipal Utility District No. 8’s board of directors
has not made a decision concerning the request for services. It is my belief the board
Page 3 of 9
of directors will deny the request because it is so strongly opposed by the voters in
the district.
10. “As part of the presentation the representatives asserted that if the
Municipal Utility District declines to provide the water and wastewater services,
they would nevertheless proceed with their plans by drilling their own water well
and installing a wastewater treatment facility on the site adequate to serve the
planned 23 or so RV spaces. The wastewater treatment facility would have to be
large enough to dispose of the waste of essentially 23 or more small homes at full
capacity on the site. From the materials presented there would be a central
wastewater collection tank where the wastewater would be collected (including raw
sewerage, human waste and the like) and the effluent would then be sprayed over a
large area of land on site but immediately adjacent to several homes in the
subdivision. (That wastewater, though treated, would also likely eventually drain
into Lake Conroe). From experience, such wastewater disposal systems emit noxious
fumes and odors that will travel to at least the immediately adjacent homes on a
continuing basis and will be evident at other homes in the immediate area depending
on wind conditions. I have experience with a similar wastewater treatment system
that I installed on a commercial property in Spring, Texas two years ago. My home
lies within 300 feet of the proposed site and will experience these noxious fumes
during the spring and summer months when the wind is generally from the south.
This will also be the peak months for use of the RV park, especially during the
Memorial Day, Independence Day and Labor Day holidays. Although these will
likely be the peak usage times, the RV park will be open continuously throughout
the year, necessitating the wastewater treatment system to operate throughout the
year. Attached as Exhibits 13-14 to this affidavit and incorporated by reference are
two of the slides from the presentation made by representatives of TRIPLE-B RV
PARK, LAKESIDE, LLC. They show the planned layout of the development, the
location of the wastewater treatment facility, and the area on the property where they
plan to spray wastewater effluent. Attached as Exhibit 15 and incorporated by
reference is an aerial photograph of Brookhaven Point showing the location of the
proposed site of the RV park at 3800 Brookhaven Drive and the location of my house
nearby at 3607 Brookhaven Drive. It also shows, in a dark black line, the route of
Brookhaven Drive from the lower left corner where it starts off Walden Road then
runs north then east around past my house to the TRIPLE-B RV PARK, LAKESIDE,
LLC property. Attached as Exhibit 16 to this affidavit and incorporated by reference
is an aerial photograph of showing Walden Road in the vicinity of Brookhaven
peninsula, where it intersects with Brookhaven Drive, and where it dead ends near
Lake Conroe.
Page 4 of 9
11. “The noxious fumes and odors created by the on-site wastewater
treatment and disposal system will constitute a private nuisance as that term is
defined in the law because it will unreasonably interfere with the use and enjoyment
of our property and cause us substantial damage, both in the loss of the use and
enjoyment of our home and/or in the loss of a substantial amount of our home’s fair
market value. Most of the other homes on the peninsula are served by a wastewater
collection system that feeds into a central wastewater treatment plant that serves the
subdivision, eliminating most of the smells and noxious odors that naturally result
from wastewater collection and treatment.
12. “In addition to the private nuisance set forth above, additional private
nuisances will likely be created simply based on the activities that commonly occur
at an RV park, such as loud outdoor parties, other recreational activities, vandalism,
criminal acts and the like. In a visit to Defendants’ other RV park located at 3003
Honea-Egypt Road, Mangolia, Texas on Sunday morning, May 19, 2019, there were
no employees on site to monitor activities even though there were approximately 15
RV’s parked there and occupied by guests. It is my understanding that this park
routinely does not have employees on site even though it offers propane gas for sale.
The Defendants store propane on site for sale in a large, above-ground bottle. Even
if they do not intend to offer propane for sale at the park on Brookhaven Point, most
RV’s are equipped with propane gas systems and will be storing propane gas on the
site. Attached to this affidavit as Exhibits 9-12 and incorporated by reference are
photographs of the RV park in Magnolia. Exhibit 9 is a photograph of the
commercial sign and closed entrance where customers can purchase propane.
Exhibit 10 shows the entrance to the area where customers park RV’s. Exhibits 11
and 12 show some of the recreational vehicles that were parked there and
demonstrate the large size of the typical recreational vehicle.
13. “In addition to the private nuisances set forth above, the planned
development of the RV Park will create a public or common nuisance by blocking
traffic on Brookhaven Drive. All of the recreational vehicles using the RV park will
only be able to access the park by using that residential street. There is no other
public road or street that could serve as an entrance to the RV Park. Also,
Brookhaven Drive is only marked by a residential street sign where it intersects
Walden Road. Walden Road itself is mostly only two lanes wide after you enter the
Walden on Lake Conroe Subdivision. For most of the way it has no curbs or
shoulders and is flanked on both sides by steep ditches. Ifan RV operator misses the
turnoff to Brookhaven Drive there is no easy place to turn around a long vehicle to
come back. This will inevitably create traffic problems for people living further
down Walden Road, which is a dead end near Lake Conroe.
Page 5 of 9
14, “Brookhaven Drive, as it exists, is a county road that is only 26 feet
wide from curb to curb. It was designated for and is still only used as a residential
street for access by residents along the street. It is frequented by vehicles commonly
associated with residential streets like cars, pickup trucks, sport utility vehicles, the
occasional boat and trailer, garbage trucks, delivery vans, tradesmen who perform
repair and maintenance services, and golf carts. It was never designed as an entrance
for a lakeside RV park that houses up to 8-1/2-ft. wide x 45-ft. long recreational
vehicles, such as diesel motor homes and fifth wheel trailer recreational vehicles
with gross vehicle weights up to 51,000 Ibs (25 tons). Parking is permitted on each
side of the street and it is common for not only passenger vehicles but large delivery
trucks and vans to be legally parked on the street. Also, Montgomery County
currently permits the use of golf carts on the public streets of the subdivision, even
by unlicensed drivers. Attached to this affidavit as Exhibit 1 and incorporated by
reference is a series of photographs of the street beginning from where Brookhaven
Drive intersects Walden Road and continuing to the entrance at 3800 Brookhaven
Drive, site of the proposed RV Park. The photographs generally show the width of
the street, several vehicles legally parked along the curbs on each side of the street,
and the difficulty any long recreational vehicle would have in navigating the narrow
street, especially the sharp curve immediately in front of my home at 3607
Brookhaven drive. In addition to the recreational vehicles themselves, it is quite
common for RV owners to tow automobiles and boats on trailers behind them,
making it even more difficult to navigate narrow streets and roads.
15. “The large number of recreational vehicles that will be using the street
after the RV Park begins operating will, upon information and belief, cause many
instances of where the street is completely blocked. There is insufficient room for
even one large recreational vehicle to navigate the street under normal conditions,
much less room for two large vehicles to pass each other as one is leaving the RV
park and another is entering the RV park. Also, once a large vehicle has started down
the street, there is no room for one of them to safely back up, move aside or turn
around to allow another long, large vehicle to pass.
16. “Upon information and belief, Defendant, TRIPLE-B RV PARK,
LAKESIDE, LLC purchased the subject Property on or about May 9, 2019 and the
principals of TRIPLE-B RV PARK, LAKESIDE, LLC immediately began work on
the ground to move forward with construction of the RV park. As of May 15, 2019,
no actual construction had begun.
Page 6 of 9
17. “Construction of the RV park will likely require dozens if not hundreds
of large vehicles to travel in and out of the 3.29 acres of land to deliver construction
materials such as concrete, dirt and gravel, lumber, pipe and the like, creating a
public or common nuisance in its own right that could last for months. Attached as
Exhibit 7 to this Affidavit and incorporated by reference is a photograph of
Brookhaven Drive facing south in the 3500 block. Legally parked on either side of
the street are two common pickup trucks. There is only 12 feet of clearance from
bumper to bumper. With the side mirrors extended the clearance is reduced to
approximately 10-1/2 feet. Most large construction vehicles, like dump trucks and
concrete trucks, are at least eight feet wide and many are more than 10 feet wide,
meaning there will be insufficient clearance for them to safely navigate the street if
they come upon two vehicles legally parked as shown in the photograph. This will
inherently create situations where ingress and egress to my house will be blocked.
18. “The construction activities will also cause TRIPLE-B RV PARK,
LAKESIDE, LLC, to expend large sums of money for that construction that could
ultimately result in serious financial losses to the parties unless the Court takes action
to maintain the status quo until the serious legal issues raised by this lawsuit can be
determined.
19. “We are asserting claims against all defendants for creating a public or
common nuisance. We have standing to assert this claim for relief because, although
individuals, we will suffer damages of a kind different from the average member of
the public because we reside on the street in question and our right of ingress and
egress will be negatively and severely affected by Defendants’ planned use of the
public street.
20. “Defendants’ planned use of the street will not only block the street but
create inherently dangerous traffic conditions in the confined spaces, which will
cause substantial damages to us in the form of the loss of our right of ingress and
egress, both day and night, and in the inherent loss in value of our property. I am
personally familiar with a house located at the end of the public portion of
Brookhaven Drive that has been for sale. One potential buyer backed out of making
an offer on the house as soon as he learned that the RV park was being planned. I
estimate that we may lose as much as $200,000.00 or more from the value of our
house if the RV park is allowed to be built and operate.
21. “We are also asserting a claim against all the Defendants for creating a
private nuisance through their planned operation of the RV Park. Defendants’
activities will include the operation of an on-site wastewater treatment and disposal
Page 7 of 9
system that, upon information, belief and experience, will create noxious fumes and
odors that will unreasonably interfere with the use and enjoyment of our home,
causing us substantial damages.
22. ‘Defendants are creating or will create a public or common nuisance
by their use of Brookhaven Drive to access the RV park site, both immediately with
large construction vehicles and on a permanent basis with large recreational vehicles.
23. “Once construction begins in earnest Defendants will have to employ
large numbers of concrete trucks, dump trucks, flatbed trucks, heavy equipment and
the like for site work and to construct driveways, rental pads, electrical hookups, and
install water and sewer lines to service the rental pads. All of these vehicles will have
to access the site using Brookhaven Drive. This will be an over use of the street for
which it was not designed, both in the weight of the vehicles and in the size of the
vehicles. Our right of ingress and egress will inherently be violated by this use.
24. “We will be irreparably harmed if construction is allowed to proceed
until such time as the court can give notice and hold a hearing on our application for
a temporary injunction.
25. “The harm we will suffer will be great in the form of large construction
vehicles using and blocking traffic on Brookhaven Drive on a daily basis if
construction is allowed to proceed. This harm greatly outweighs the harm that will
be occasioned to defendants by the issuance of a temporary restraining order, which
will be the mere delay in their project until such time as the court can hear evidence
on the issuance of a temporary injunction.
26. “We have no adequate remedy at law because the harm we will suffer
in the interim if a temporary restraining order is not issued cannot be adequately
compensated for by the payment of money damages, which would be difficult to
calculate with reasonable certainty. Also, if Defendants are allowed to proceed with
construction that is ultimately enjoined, all parties could suffer serious harm by
unnecessarily increasing the costs to both sides. Maintenance of the status quo is
essential to mitigate those potential losses.
27. “We are willing to post a good and sufficient bond to indemnify
Defendants if it is later determined we wrongfully sued out our writ of temporary
restraint. I believe a reasonable bond for issuance of a temporary restraining order
in this matter would be in an amount not exceeding $20,000.00.
Page 8 of 9
28. “T am making this affidavit to inform the court of the facts that
Preview
Cause No. RIGBY OWEN, JR. and LUCINDA IN THE DISTRICT COURT OF OWEN Vv. TRIPLE-B RV PARK, LAKESIDE, LLC, MONTGOMERY COUNTY, TEXAS PHILIP W. BULLOCK, JR. SAMANTHA BULLOCK, SHERI BULLOCK, JEFF BULLOCK, PAUL BULLOCK, and TARA BULLOCK, all individually and as members/managers of TRIPLE-B RV PARK, LAKESIDE, JUDICIAL DISTRICT LLC ORIGINAL PETITION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY AND PERMANENT INJUNCTION TO THE HONORABLE COURT: Plaintiffs, RIGBY OWEN, JR., and LUCINDA OWEN, complain of Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC, PHILIP W. BULLOCK, JR., SAMANTHA BULLOCK, SHERI BULLOCK, JEFF BULLOCK, PAUL BULLOCK, and TARA BULLOCK, all individually and members/managers of TRIPLE-B RV PARK, LAKESIDE, LLC, and for causes of action respectfully show the following: Discovery Control Plan 1. Pursuant to Tex. R. Civ. P. 190 this is a Level 2 suit. Requested Relief Page 1 of 14 2. Plaintiffs seek relief in excess of $200,000.00 but less than $1 million and non-monetary relief. Parties 3. The following individuals are plaintiffs in this lawsuit: a. Plaintiff, RIGBY OWEN, JR., is an individual residing at 3607 Brookhaven Dr., Montgomery, Montgomery County, Texas 77356. b. Plaintiff, LUCINDA OWEN, is an individual residing at 3607 Brookhaven Dr., Montgomery, Montgomery County, Texas 77356. 4. The following individuals and persons are defendants in this lawsuit: a. Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC, is a Texas limited liability company. It maintains its principal place of business at 717 West 30" Street, Houston, Harris County, Texas 77018. Its registered agent for service of process is Philip W. Bullock, Jr., whose address is 717 West 30" Street, Houston, Harris County, Texas 77018. Additionally, its members and managers are Philip W. Bullock, Jr., Samantha Bullock, Sheri Bullock, Jeff Bullock, Paul Bullock and Tara Bullock. This entity may be served with process by serving any of those individuals at that address or where ever they may be found. Defendant, PHILIP W. BULLOCK, JR., is an individual whose address is 717 West 30" Street, Houston, Harris County, Texas 77018. Upon information and belief this individual also maintains an address of 12800 Melville Dr., Apt. 205A, Montgomery, Montgomery County, Texas 77356. Upon information and belief this Defendant is a member and manager of TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be served with process at those addresses or wherever he/she may be found. Page 2 of 14 Defendant, SAMANTHA BULLOCK, is an individual whose address is 717 West 30" Street, Houston, Harris County, Texas 77018. Upon information and belief this individual also maintains an address at 12800 Melville Dr., Apt. 205A, Montgomery, Texas 77356. Upon information and belief this Defendant is a member and manager of TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be served with process at those addresses or wherever he/she may be found. Defendant, SHERI BULLOCK, is an individual whose address is 717 West 30" Street, Houston, Harris County, Texas 77018. Upon information and belief this Defendant is a member and manager of TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be served with process at that address or wherever he/she may be found. Defendant, JEFF BULLOCK, is an individual whose address is 717 West 30 Street, Houston, Harris County, Texas 77018. Upon information and belief this Defendant is a member and manager of TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be served with process at that address or wherever he/she may be found. Defendant, PAUL BULLOCK, is an individual whose address is 717 West 30" Street, Houston, Harris County, Texas 77018. Upon information and belief this Defendant is a member and manager of TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be served with process at that address or wherever he/she may be found. Defendant, TARA BULLOCK, is an individual whose address is 717 West 30" Street, Houston, Harris County, Texas 77018. Upon information and belief this Defendant is a member and manager of TRIPLE-B RV PARK, LAKESIDE, LLC. This Defendant may be served with process at that address or wherever he/she may be found. Page 3 of 14 Jurisdiction 5 This Court has jurisdiction of this lawsuit because the amount in controversy exceeds the minimum jurisdictional limits of the Court. Alternatively, Plaintiffs seek injunctive and other equitable relief that may only be granted by a district court. Venue 6 Venue is proper in this county because the acts of or events made the basis of Plaintiff's claims are occurring or will occur in Montgomery County, Texas. The Facts 7 Plaintiffs reside on and own property on a peninsula in the Walden on Lake Conroe subdivision in Montgomery County, Texas that is served by a one-way, dead end residential street known as Brookhaven Drive. The street was originally designed and constructed and exists as a two-way residential street approximately 26 feet wide from curb to curb. It is the only land access to the proposed RV park site in question. 8 On or about May 9, 2019, Defendants, acting through Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC, purchased a 3.29-acre tract of land with an address of 3800 Brookhaven Drive that is located adjacent to but outside the Walden on Lake Conroe subdivision and which may only be accessed by driving through the residential subdivision down Brookhaven Drive, which is a residential street maintained by Montgomery County. Private Nuisance 9 On May 8, 2019, the day prior to the purchase of the land, representatives of TRIPLE-B RV PARK, LLC made a public presentation to the board of directors of the Municipal Utility District No. 8 in which they outlined their plans to develop the 3.29 acres of land as an RV park (i.e., a place where they will rent spaces to recreational vehicles designed for the overnight accommodation of persons and related activities). The purpose of the presentation was to convince the Municipal Utility District to agree to provide the property with adequate water and wastewater services for the planned RV park. Municipal Utility District No. 8’s Page 4 of 14 boundaries do not include the planned RV park site and therefore Municipal Utility District No. 8 is not obligated to provide them with those services. At the time this lawsuit is filed Municipal Utility District No. 8’s board of directors has not made a decision concerning the request for services. It is likely the board of directors will deny the request because it is so strongly opposed by the voters in the district. 10. As part of the presentation the representatives asserted that if the Municipal Utility District declines to provide the water and wastewater services, they would nevertheless proceed with their plans by drilling their own water well and installing a wastewater treatment facility on the site adequate to serve the planned 23 or so RV spaces. The wastewater treatment facility would have to be large enough to dispose of the waste of essentially 23 or more small homes at full capacity on the site. From the materials presented there would be a central wastewater collection tank where the wastewater would be collected (including raw sewerage, human waste and the like) and the effluent would then be sprayed over a large area of land on site but immediately adjacent to several homes in the subdivision and within 300 feet of Plaintiffs’ home. Upon information and belief and from experience, such wastewater disposal systems emit noxious fumes and odors that will travel to at least the immediately adjacent homes on a continuing basis and will be evident at other homes in the immediate area depending on wind conditions. Plaintiff's home will experience these noxious fumes during the spring and summer months when the wind is generally from the south. This will also be the peak months for use of the RV park, especially during the Memorial Day, Independence Day and Labor Day holidays. Although these will likely be the peak usage times, the RV park will be open continuously throughout the year, necessitating the wastewater treatment system to operate throughout the year. 11. The noxious fumes and odors created by the on-site wastewater treatment and disposal system will constitute a private nuisance as that term is defined in the law because it will unreasonably interfere with the use and enjoyment of Plaintiffs’ property and cause them substantial damage, both in the loss of the use and enjoyment of their home and/or in the loss of a substantial amount of the home’s fair market value. Plaintiffs’ home is currently valued at $821,550.00 for the 2019 property tax year. Plaintiffs believe they will lose in excess of $200,000.00 in fair market value from their home, or approximately one-quarter of its value. A similar Page 5 of 14 home located between Plaintiffs’ home and the RV park site is currently for sale. A potential buyer, upon learning of the planned RV park, backed out from an offer to purchase the home. 12. In addition to the private nuisance set forth above, additional private nuisances will likely be created simply based on the activities that commonly occur at an RV park, such as loud outdoor parties, other recreational activities, vandalism, criminal acts and the like. Public Nuisance 13. In addition to the private nuisances set forth above, the planned development of the RV Park will create a public or common nuisance by blocking traffic on Brookhaven Drive. All of the recreational vehicles using the RV park will only be able to access the park by using that residential street. There is no other public road or street that could serve as an entrance to the RV Park. 14. Brookhaven Drive, as it exists, is a county road that is only 26 feet wide from curb to curb. It was designated for and is still only used as a residential street for access by residents along the street. It is frequented by vehicles commonly associated with residential streets like cars, pickup trucks, sport utility vehicles, the occasional boat and trailer, garbage trucks, delivery vans, tradesmen who perform repair and maintenance services, and golf carts. It was never designed as an entrance for a lakeside RV park that houses up to 8-1/2-ft. wide x 45-ft. long recreational vehicles, such as diesel motor homes and fifth wheel trailer recreational vehicles with gross vehicle weights up to 51,000 Ibs (25 tons). Parking is permitted on each side of the street and it is common for not only passenger vehicles but large delivery trucks and vans to be legally parked on the street. Also, Montgomery County currently permits the use of golf carts on the public streets of the subdivision, even by unlicensed drivers. Attached to this Petition as Exhibits 1-7 to Exhibit A and incorporated by reference is a series of photographs of the street beginning from where Brookhaven Drive intersects Walden Road and continuing to the entrance at 3800 Brookhaven Drive, site of the proposed RV Park. The photographs generally show the width of the street, several vehicles legally parked along the curbs on each side of the street, and the difficulty any long recreational vehicle would have in Page 6 of 14 navigating the narrow street, especially the sharp curve immediately in front of Plaintiffs’ home at 3535 Brookhaven drive. In addition to the recreational vehicles themselves, it is quite common for RV owners to tow automobiles and boats on trailers behind them, making it even more difficult to navigate narrow streets and roads. 15. Walden Road is the only access from SH 105 to the south onto Brookhaven peninsula. It, too, is a narrow, two-lane roadway most of the way from the entrance to the subdivision until it dead ends about one-half mile past the intersection with Brookhaven Drive. The only thing marking the streets are common street signs. If an RV operator accidentally passes the left turn to Brookhaven Drive there is no easy place to turn around beyond that intersection and come back because it is all narrow, residential streets. Walden Road itself is just two lanes wide with no shoulders. It has steep ditches on either side. This is inevitably going to create serious ingress and egress problems for residents along Walden Road, too. Brookhaven Drive itself is a side street with no stop lights, marked lanes or turning lanes. 16. The large number of recreational vehicles that will be using Brookhaven Drive after the RV Park begins operating will, upon information and belief, cause many instances of where the street is completely blocked. There is insufficient room for even one large recreational vehicle to navigate the street under normal conditions, much less room for two large vehicles to pass each other as one is leaving the RV park and another is entering the RV park. Also, once a large vehicle has started down the street, there is no room for one of them to safely back up, move aside or turn around to allow another long, large vehicle to pass. 17. Upon information and belief, Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC purchased the subject Property on or about May 9, 2019 and the principals of TRIPLE-B RV PARK, LAKESIDE, LLC immediately began work on the ground to move forward with construction of the RV park. As of May 15, 2019, no actual construction had begun. 18. Construction of the RV park will likely require dozens if not hundreds of large vehicles to travel in and out of the 3.29 acres of land to deliver construction materials such as concrete, dirt and gravel, lumber, pipe and the like, creating a Page 7 of 14 public or common nuisance in its own right that could last for months. As noted elsewhere, it is legal to park on either side of Brookhaven Drive. Attached as Exhibit 8 to Exhibit A is a photograph of the 3500 block of Brookhaven Drive facing south. On either side of the street are legally parked pickup trucks. The street is 26-feet wide at this point. There is only 12 feet to 12-1/2 feet of clearance between the bumpers of the two trucks. The side mirrors of each truck reduce clearance between the trucks to approximately 10 feet to 10-1/2 feet. A typical dump truck or concrete truck is at least 10-feet wide. Effectively there is no room for such a vehicle to safely negotiate the street, meaning the ingress and egress for persons living on the street will be blocked. 19. The construction activities will also cause TRIPLE-B RV PARK, LAKESIDE, LLC, to expend large sums of money for that construction that could ultimately result in serious financial losses to the parties unless the Court takes action to maintain the status quo until the serious legal issues raised by this lawsuit can be determined. 20. Plaintiffs have a reasonable fear that operation of the RV park by Defendants will create further private nuisances because of the way Plaintiffs operate a similar park in Magnolia, Texas. Defendants are the owners and operators of Triple-B RV Park, LLC, which is located at 3003 Honea-Egypt Road, Magnolia, Texas 77354. Attached as Exhibits 9-12 to Exhibit A is a series of four photographs that show the RV park on Sunday morning, May 19, 2019. There were approximately a dozen guest RV’s at the park, but no on-site employees to monitor activity. Upon information and belief Defendants routinely operate the park with no employees present. The park consists of dirt/gravel driveways and dirt/gravel rental pads. It has spaces for approximately 20 RV’s to park onsite, a laundry room and two other buildings that appear to be for guest use. It also stores and sells propane on site, which is a dangerous commercial activity. And even if Defendants do not intend to store and sell propane at the new site on Brookhaven Drive, most RV’s store propane in retail bottles so there will be a large number of propane bottles on site. Page 8 of 14 First Claim for Relief — Public Nuisance 21. Plaintiffs assert a cause of action against all defendants for creating a public or common nuisance. Plaintiffs, as individuals, have standing to assert this claim for relief because, although individuals, they will suffer damages of a kind different from the average member of the public because they reside on the street in question and their right of ingress and egress will be negatively and severely affected by Defendants’ planned use of the public street. See, e.g., Quanah Acme & Pac. Ry. v. Swearingen, 4 S.W.2d 136, 139 (Tex. App. — Austin 1956, no writ), Kalteyer v. Sullivan, 46 S.W. 288, 290 (Tex. Ap. — San Antonio 1898, writ ref'd). Kjellander v. Smith, 652 S.W.2d 595, 599-600 (Tex. App. — Tyler 1983, no writ); Dipp v. Rio Grande Produce, 330 §.W.2d 700, 701 (Tex. App. — El Paso 1959, writ ref’d, n.r.e.). (A person who owns property on a public street suffers injuries of a kind different in nature and degree from the public at large because obstructing the street injures their right of ingress and egress, giving them standing to sue to abate a public nuisance). 22. Defendants’ planned use of the street will not only block the street but create inherently dangerous traffic conditions in the confined spaces, which will cause substantial damages to Plaintiff in an amount in excess of the minimum jurisdictional limits of the court, for which they now sue. Those damages will be in the loss of their right of ingress and egress, both day and night, and in the inherent loss in value of their property. Second Claim for Relief — Private Nuisance 23. Plaintiffs assert a cause of action against the Defendants, jointly and severally, for creating a private nuisance through their planned operation of the RV Park. Defendants’ activities will include the operation of an on-site wastewater treatment and disposal system that, upon information, belief and experience, will create noxious fumes and odors that will unreasonably interfere with Plaintiffs’ use and enjoyment of their property, causing them substantial damage in an amount in excess of the minimum jurisdictional limits of this court, for which they now sue. Page 9 of 14 Third Claim for Relief -- Request for Temporary Restraining Order A TEMPORARY RESTRAINING ORDER IS NECESSARY TO PRESERVE THE STATUS QUO AND MINIMIZE DAMAGES THE PARTIES MAY SUFFER IF DEFENDANTS ARE ALLOWED TO PROCEED WITH CONSTRUCTION BEFORE THE COURT CAN HOLD A HEARING IN THIS MATTER. 24. Plaintiffs hereby incorporate Paragraphs 1-23, above, as if fully set forth again at this point. 25. Plaintiffs have demonstrated a probable right of recovery on their underlying causes of action that Defendants are creating or will create a public or common nuisance by their use of Brookhaven Drive to access the RV park site, both immediately with large construction vehicles and on a permanent basis with large recreational vehicles. 26. Once construction begins in earnest Defendants will have to employ large numbers of concrete trucks, flatbed trucks, heavy equipment and the like for site work and to construct driveways, rental pads, electrical hookups, and install water and sewer lines to service the rental pads. All of these vehicles will have to access the site using Brookhaven Drive. This will be an over use of the street for which it was not designed, both in the weight of the vehicles and in the size of the vehicles. Plaintiffs’ right of ingress and egress will inherently be violated by this use. 27. Plaintiffs will be irreparably harmed if construction is allowed to proceed until such time as the court can give notice and hold a hearing on Plaintiff's application for a temporary injunction. 28. The harm occasioned to Plaintiffs will be great in the form of large construction vehicles using and blocking traffic on Brookhaven Drive on a daily basis if construction is allowed to proceed. This harm greatly outweighs the harm Page 10 of 14 that will be occasioned to defendants by the issuance of a temporary restraining order, which will be the mere delay in their project until such time as the court can hear evidence on the issuance of a temporary injunction. 29. Plaintiffs have no adequate remedy at law because the harm they will suffer in the interim if a temporary restraining order is not issued cannot be adequately compensated for by the payment of money damages, which would be difficult to calculate with reasonable certainty. Also, if Defendants are allowed to proceed with construction that is ultimately enjoined, all parties could suffer serious harm by unnecessarily increasing the costs to both sides. Maintenance of the status quo is essential to mitigate those potential losses. 30. Plaintiffs are willing to post a good and sufficient bond to indemnify Defendants if it is later determined Plaintiffs wrongfully sued out their writ of temporary restraint. Plaintiffs assert a reasonable bond for issuance of a temporary restraining order in this matter would be in an amount not exceeding $20,000.00. 31. The affidavit of Rigby Owen, Jr., is attached to this pleading as Exhibit A to establish facts not apparent from the record. 32. Plaintiffs ask the Court to enter a Temporary Restraining Order that prohibits Defendants from engaging in any construction activities on the 3.29 acres where the RV park is planned that would require large vehicles to use Brookhaven Drive for ingress and egress to the sight. Plaintiffs consider “large vehicles” t include any vehicle weighing more than 12,000 pounds gross weight (6 tons) or having more than two axles. 33. Plaintiffs ask that the Temporary Restraining Order be good for a period of at least 14 days unless extended by further order of the court for an additional 14 days, or until such time as the Court can hold a hearing on Plaintiff's Application for Temporary Injunction set forth below. Fourth Claim for Relief -- Temporary Injunction 34. Plaintiffs incorporate Paragraphs 1-33, above, as if fully set forth again at this point. Page 11 of 14 35. Plaintiffs ask the Court to schedule this matter for a hearing with notice to Defendants, and after notice and a hearing enter a temporary injunction in conformity with the request for a temporary restraining order set forth above. 36. Plaintiffs further ask that the bond posted as a condition for issuance of the temporary restraining order be converted to a bond for the temporary injunction. 37. Plaintiffs ask the Court to prohibit Defendants from constructing facilities on the property at 3800 Brookhaven Drive to treat wastewater until such time as the Court is satisfied the facility will not cause harm to Plaintiffs in the form of noxious fumes and odors and will not otherwise harm the local environment, including nearby Lake Conroe. 38. Plaintiffs ask the Court to prohibit Defendants from operating an RV park on the property at 3800 Brookhaven Drive until such time as the Court is satisfied the operation of an RV Park will not unreasonably interfere with Plaintiffs’ rights to ingress and egress to their homes located on Brookhaven Drive. Fifth Claim for Relief — Permanent Injunction 39. Plaintiffs ask that after final trial Defendants be permanently prohibited from operating an RV park on the site to prevent the public, common and private nuisances that would result from their planned activities, as set forth above. Prayer 40. Because of the foregoing, Plaintiffs pray the Court will cite Defendants to appear and answer this Petition, grant a temporary restraining order as set forth above, and after hearing, grant a temporary injunction as set forth above, and after final trial enter judgment for Plaintiffs and against Defendants as follows: a. For all actual damages occasioned by Defendants creation of public, common and private nuisances; b. For a permanent injunction as set forth above; Page 12 of 14 c. For all costs of court; and d. For any other relief that is just. Respectfully submitted, THE OWEN LAW FIRM By: 4s/Rigby Owen III Rigby Owen III TBN 00789532 Rigby1964@yahoo.com William Britton Hall TBN 24025406 Billhall17@yahoo.com Email for service 401 West Davis St. P.O. Box 2494 Conroe, Texas 77305 936-539-5800 Telephone 936-539-5833 Facsimile Page 13 of 14 Undersigned counsel certifies that to his knowledge the Defendants in this case are not represented by counsel and it was not possible to confer with Defendants about the injunctive relief requested in this pleading prior to being filed with the Court. /s/ Rigby Owen III Rigby Owen III Attorney for Plaintiffs Page 14 of 14 Cause No. RIGBY OWEN, JR. and LUCINDA IN THE DISTRICT COURT OF OWEN v. TRIPLE-B RV PARK, LAKESIDE, LLC, MONTGOMERY COUNTY, TEXAS PHILIP W. BULLOCK, JR. SAMANTHA BULLOCK, SHERI BULLOCK, JEFF BULLOCK, PAUL BULLOCK, and TARA BULLOCK, all individually and as members/managers of TRIPLE-B RV PARK, LAKESIDE, JUDICIAL DISTRICT LLC AFFIDAVIT OF RIGBY OWEN, JR., INSUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER STATE OF TEXAS COUNTY OF MONTGOMERY BEFORE ME, the undersigned authority, on this day personally appeared RIGBY OWEN, JR., who after being duly sworn deposed upon oath as follows: 1 “My name is RIGBY OWEN, JR. I am legally competent to make this affidavit and testify to the facts set forth herein. The facts stated in this affidavit are true and correct and are within my personal knowledge or, if not within my personal knowledge, are based upon an examination of public records and other sources such that my testimony would be admissible in a Texas court. 2. “T am one of the named Plaintiffs in this lawsuit along with my wife, LUCINDA OWEN. We reside at 3607 Brookhaven Drive, Montgomery, Montgomery County, Texas 77356. The house we own there has a fair market value according to the Montgomery County Appraisal District of $821,550.00 for the 2019 tax year. EXHIBIT A Page 1 of9 3 “T have been in the real estate business in Montgomery County, Texas for more than 40 years. I have a working knowledge of the Montgomery County residential and commercial real estate market, having bought, owned and sold many properties. With respect to my property at 3607 Brookhaven Drive I am competent to give my opinion about its fair market value and the negative effect on that fair market value the proposed activities discussed in this affidavit would have on my property. I believe that if the Defendants are allowed to proceed with their plans the fair market value of my house at 3607 Brookhaven Drive could be reduced by more than $200,000.00, or more than one-quarter of its value. 4 “The following individuals and persons are defendants in this lawsuit: TRIPLE-B RV PARK, LAKESIDE, LLC and its members/managers: PHILIP W. BULLOCK, JR., SAMANTHA BULLOCK, SHERI BULLOCK, JEFF BULLOCK, PAUL BULLOCK and TARA BULLOCK. In the entity documents filed with the Texas Secretary of State they each list an address of 717 W. 30" Street, Houston, Texas 77018. I have also found records that PHILIP W. BULLOCK, JR., and SAMANTHA BULLOCK own a condominium at 12800 Melville Dr., Apt. 205A, Montgomery, Texas 77356. This condominium is located in the Walden on Lake Conroe subdivision. 5 “T am seeking a temporary restraining order, temporary injunction and permanent injunction against the above-named individuals and entities to prevent them to from going forward with development of the property at 3800 Brookhaven Drive, Montgomery, Montgomery County, Texas, into an RV park. 6 “If defendants are allowed to construct an RV park it will create severe public, common and private nuisances that will have a serious negative affect on the value of our property, causing us substantial damage for which I do not believe there is any adequate remedy at law. 7 “My house is located on Brookhaven Drive. The street was originally designed, constructed and exists as a two-way residential street approximately 26 feet wide from curb to curb. It has no stop lights, marked lanes or turning lanes. It is the only land access to the proposed RV park site in question. Attached as Exhibits 1-4 to this Affidavit and incorporated by reference is a series of photographs that show Brookhaven Drive from the point it leaves Walden Road headed generally north to where it makes a sharp, more than 90-degree curve to the right (generally eastbound) in front of my house. The public portion of Brookhaven Drive then continues about one-tenth of a mile to the east. From that point, shown in Exhibits Page 2 of 9 5-7 and incorporated by reference there is a wye. At this wye Brookhaven Drive curves to the southeast and then east again as a private, dirt road. The proposed RV park site, 3800 Brookhaven Drive, is located immediately to the right on this private dirt road. If you take the wye to the left, which is paved with concrete, this is a private street known as Brookhaven Point. It runs in a horseshoe shape around to the right and eventually, after about one-quarter of a mile, intersects with the private portion of Brookhaven Drive but is blocked at that point with a fence. These photographs show that Brookhaven Drive from Walden Road to the end of the publicly maintained portion is only 26 feet wide. These photographs were taken between 8:00 a.m. and 9:00 a.m. on Wednesday, May 15, 2019. They show various vehicles legally parked on the street. They also show that a large recreational vehicle, or any other long, large vehicle, would have difficulty navigating the street because it is so narrow. This would be especially true if a motor-driven recreational vehicle was towing a boat or car on a trailer. It would also be true if a non-motorized recreational vehicle was being towed by a vehicle large enough to pull it. Exhibit 8 is a photograph of Brookhaven Drive facing south in the 3500 block. On either side of the street are two legally parked common pickup trucks. There is only 12 feet of clearance between them from bumper to bumper. With the side mirrors the clearance is reduced to 10-1/2 feet. That means any long vehicle eight feet or wider would have a very difficult time negotiating the space between them, whether it is a large recreational vehicle or a large construction vehicle like a dump truck or concrete truck. Most recreational vehicles, dump trucks and concrete trucks are at least eight feet wide and many exceed 10 feet in width. 8 “On or about May 9, 2019, Defendants, acting through Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC, purchased the 3.29-acre tract of land. 9 “On May 8, 2019, the day prior to the purchase of the land, representatives of TRIPLE-B RV PARK, LAKESIDE, LLC made a public presentation to the board of directors of the Municipal Utility District No. 8 in which they outlined their plans to develop the 3.29 acres of land as an RV Park (i.e., a place where they will rent spaces to recreational vehicles designed for the overnight accommodation of persons and related activities). The purpose of the presentation was to convince the Municipal Utility District to agree to provide the property with adequate water and wastewater services for the planned RV park. Municipal Utility District No. 8’s boundaries do not include the planned RV park site and therefore Municipal Utility District No. 8 is not obligated to provide them with those services. At the time this lawsuit is filed Municipal Utility District No. 8’s board of directors has not made a decision concerning the request for services. It is my belief the board Page 3 of 9 of directors will deny the request because it is so strongly opposed by the voters in the district. 10. “As part of the presentation the representatives asserted that if the Municipal Utility District declines to provide the water and wastewater services, they would nevertheless proceed with their plans by drilling their own water well and installing a wastewater treatment facility on the site adequate to serve the planned 23 or so RV spaces. The wastewater treatment facility would have to be large enough to dispose of the waste of essentially 23 or more small homes at full capacity on the site. From the materials presented there would be a central wastewater collection tank where the wastewater would be collected (including raw sewerage, human waste and the like) and the effluent would then be sprayed over a large area of land on site but immediately adjacent to several homes in the subdivision. (That wastewater, though treated, would also likely eventually drain into Lake Conroe). From experience, such wastewater disposal systems emit noxious fumes and odors that will travel to at least the immediately adjacent homes on a continuing basis and will be evident at other homes in the immediate area depending on wind conditions. I have experience with a similar wastewater treatment system that I installed on a commercial property in Spring, Texas two years ago. My home lies within 300 feet of the proposed site and will experience these noxious fumes during the spring and summer months when the wind is generally from the south. This will also be the peak months for use of the RV park, especially during the Memorial Day, Independence Day and Labor Day holidays. Although these will likely be the peak usage times, the RV park will be open continuously throughout the year, necessitating the wastewater treatment system to operate throughout the year. Attached as Exhibits 13-14 to this affidavit and incorporated by reference are two of the slides from the presentation made by representatives of TRIPLE-B RV PARK, LAKESIDE, LLC. They show the planned layout of the development, the location of the wastewater treatment facility, and the area on the property where they plan to spray wastewater effluent. Attached as Exhibit 15 and incorporated by reference is an aerial photograph of Brookhaven Point showing the location of the proposed site of the RV park at 3800 Brookhaven Drive and the location of my house nearby at 3607 Brookhaven Drive. It also shows, in a dark black line, the route of Brookhaven Drive from the lower left corner where it starts off Walden Road then runs north then east around past my house to the TRIPLE-B RV PARK, LAKESIDE, LLC property. Attached as Exhibit 16 to this affidavit and incorporated by reference is an aerial photograph of showing Walden Road in the vicinity of Brookhaven peninsula, where it intersects with Brookhaven Drive, and where it dead ends near Lake Conroe. Page 4 of 9 11. “The noxious fumes and odors created by the on-site wastewater treatment and disposal system will constitute a private nuisance as that term is defined in the law because it will unreasonably interfere with the use and enjoyment of our property and cause us substantial damage, both in the loss of the use and enjoyment of our home and/or in the loss of a substantial amount of our home’s fair market value. Most of the other homes on the peninsula are served by a wastewater collection system that feeds into a central wastewater treatment plant that serves the subdivision, eliminating most of the smells and noxious odors that naturally result from wastewater collection and treatment. 12. “In addition to the private nuisance set forth above, additional private nuisances will likely be created simply based on the activities that commonly occur at an RV park, such as loud outdoor parties, other recreational activities, vandalism, criminal acts and the like. In a visit to Defendants’ other RV park located at 3003 Honea-Egypt Road, Mangolia, Texas on Sunday morning, May 19, 2019, there were no employees on site to monitor activities even though there were approximately 15 RV’s parked there and occupied by guests. It is my understanding that this park routinely does not have employees on site even though it offers propane gas for sale. The Defendants store propane on site for sale in a large, above-ground bottle. Even if they do not intend to offer propane for sale at the park on Brookhaven Point, most RV’s are equipped with propane gas systems and will be storing propane gas on the site. Attached to this affidavit as Exhibits 9-12 and incorporated by reference are photographs of the RV park in Magnolia. Exhibit 9 is a photograph of the commercial sign and closed entrance where customers can purchase propane. Exhibit 10 shows the entrance to the area where customers park RV’s. Exhibits 11 and 12 show some of the recreational vehicles that were parked there and demonstrate the large size of the typical recreational vehicle. 13. “In addition to the private nuisances set forth above, the planned development of the RV Park will create a public or common nuisance by blocking traffic on Brookhaven Drive. All of the recreational vehicles using the RV park will only be able to access the park by using that residential street. There is no other public road or street that could serve as an entrance to the RV Park. Also, Brookhaven Drive is only marked by a residential street sign where it intersects Walden Road. Walden Road itself is mostly only two lanes wide after you enter the Walden on Lake Conroe Subdivision. For most of the way it has no curbs or shoulders and is flanked on both sides by steep ditches. Ifan RV operator misses the turnoff to Brookhaven Drive there is no easy place to turn around a long vehicle to come back. This will inevitably create traffic problems for people living further down Walden Road, which is a dead end near Lake Conroe. Page 5 of 9 14, “Brookhaven Drive, as it exists, is a county road that is only 26 feet wide from curb to curb. It was designated for and is still only used as a residential street for access by residents along the street. It is frequented by vehicles commonly associated with residential streets like cars, pickup trucks, sport utility vehicles, the occasional boat and trailer, garbage trucks, delivery vans, tradesmen who perform repair and maintenance services, and golf carts. It was never designed as an entrance for a lakeside RV park that houses up to 8-1/2-ft. wide x 45-ft. long recreational vehicles, such as diesel motor homes and fifth wheel trailer recreational vehicles with gross vehicle weights up to 51,000 Ibs (25 tons). Parking is permitted on each side of the street and it is common for not only passenger vehicles but large delivery trucks and vans to be legally parked on the street. Also, Montgomery County currently permits the use of golf carts on the public streets of the subdivision, even by unlicensed drivers. Attached to this affidavit as Exhibit 1 and incorporated by reference is a series of photographs of the street beginning from where Brookhaven Drive intersects Walden Road and continuing to the entrance at 3800 Brookhaven Drive, site of the proposed RV Park. The photographs generally show the width of the street, several vehicles legally parked along the curbs on each side of the street, and the difficulty any long recreational vehicle would have in navigating the narrow street, especially the sharp curve immediately in front of my home at 3607 Brookhaven drive. In addition to the recreational vehicles themselves, it is quite common for RV owners to tow automobiles and boats on trailers behind them, making it even more difficult to navigate narrow streets and roads. 15. “The large number of recreational vehicles that will be using the street after the RV Park begins operating will, upon information and belief, cause many instances of where the street is completely blocked. There is insufficient room for even one large recreational vehicle to navigate the street under normal conditions, much less room for two large vehicles to pass each other as one is leaving the RV park and another is entering the RV park. Also, once a large vehicle has started down the street, there is no room for one of them to safely back up, move aside or turn around to allow another long, large vehicle to pass. 16. “Upon information and belief, Defendant, TRIPLE-B RV PARK, LAKESIDE, LLC purchased the subject Property on or about May 9, 2019 and the principals of TRIPLE-B RV PARK, LAKESIDE, LLC immediately began work on the ground to move forward with construction of the RV park. As of May 15, 2019, no actual construction had begun. Page 6 of 9 17. “Construction of the RV park will likely require dozens if not hundreds of large vehicles to travel in and out of the 3.29 acres of land to deliver construction materials such as concrete, dirt and gravel, lumber, pipe and the like, creating a public or common nuisance in its own right that could last for months. Attached as Exhibit 7 to this Affidavit and incorporated by reference is a photograph of Brookhaven Drive facing south in the 3500 block. Legally parked on either side of the street are two common pickup trucks. There is only 12 feet of clearance from bumper to bumper. With the side mirrors extended the clearance is reduced to approximately 10-1/2 feet. Most large construction vehicles, like dump trucks and concrete trucks, are at least eight feet wide and many are more than 10 feet wide, meaning there will be insufficient clearance for them to safely navigate the street if they come upon two vehicles legally parked as shown in the photograph. This will inherently create situations where ingress and egress to my house will be blocked. 18. “The construction activities will also cause TRIPLE-B RV PARK, LAKESIDE, LLC, to expend large sums of money for that construction that could ultimately result in serious financial losses to the parties unless the Court takes action to maintain the status quo until the serious legal issues raised by this lawsuit can be determined. 19. “We are asserting claims against all defendants for creating a public or common nuisance. We have standing to assert this claim for relief because, although individuals, we will suffer damages of a kind different from the average member of the public because we reside on the street in question and our right of ingress and egress will be negatively and severely affected by Defendants’ planned use of the public street. 20. “Defendants’ planned use of the street will not only block the street but create inherently dangerous traffic conditions in the confined spaces, which will cause substantial damages to us in the form of the loss of our right of ingress and egress, both day and night, and in the inherent loss in value of our property. I am personally familiar with a house located at the end of the public portion of Brookhaven Drive that has been for sale. One potential buyer backed out of making an offer on the house as soon as he learned that the RV park was being planned. I estimate that we may lose as much as $200,000.00 or more from the value of our house if the RV park is allowed to be built and operate. 21. “We are also asserting a claim against all the Defendants for creating a private nuisance through their planned operation of the RV Park. Defendants’ activities will include the operation of an on-site wastewater treatment and disposal Page 7 of 9 system that, upon information, belief and experience, will create noxious fumes and odors that will unreasonably interfere with the use and enjoyment of our home, causing us substantial damages. 22. ‘Defendants are creating or will create a public or common nuisance by their use of Brookhaven Drive to access the RV park site, both immediately with large construction vehicles and on a permanent basis with large recreational vehicles. 23. “Once construction begins in earnest Defendants will have to employ large numbers of concrete trucks, dump trucks, flatbed trucks, heavy equipment and the like for site work and to construct driveways, rental pads, electrical hookups, and install water and sewer lines to service the rental pads. All of these vehicles will have to access the site using Brookhaven Drive. This will be an over use of the street for which it was not designed, both in the weight of the vehicles and in the size of the vehicles. Our right of ingress and egress will inherently be violated by this use. 24. “We will be irreparably harmed if construction is allowed to proceed until such time as the court can give notice and hold a hearing on our application for a temporary injunction. 25. “The harm we will suffer will be great in the form of large construction vehicles using and blocking traffic on Brookhaven Drive on a daily basis if construction is allowed to proceed. This harm greatly outweighs the harm that will be occasioned to defendants by the issuance of a temporary restraining order, which will be the mere delay in their project until such time as the court can hear evidence on the issuance of a temporary injunction. 26. “We have no adequate remedy at law because the harm we will suffer in the interim if a temporary restraining order is not issued cannot be adequately compensated for by the payment of money damages, which would be difficult to calculate with reasonable certainty. Also, if Defendants are allowed to proceed with construction that is ultimately enjoined, all parties could suffer serious harm by unnecessarily increasing the costs to both sides. Maintenance of the status quo is essential to mitigate those potential losses. 27. “We are willing to post a good and sufficient bond to indemnify Defendants if it is later determined we wrongfully sued out our writ of temporary restraint. I believe a reasonable bond for issuance of a temporary restraining order in this matter would be in an amount not exceeding $20,000.00. Page 8 of 9 28. “T am making this affidavit to inform the court of the facts that