Odessa, Texas – A federal lawsuit has emerged centering around a longstanding property dispute involving a local Odessa resident and the city’s former leadership. The local plaintiff, David Lee Terry, asserts that the City of Odessa has unjustly targeted his property for seizure under the guise of public safety, prompting allegations of governmental overreach and a breach of due process.
Spanning over 80 years, ownership of the property located at 701 S. Lee Avenue and 712 S. Grant Avenue has been maintained by the Terry family. This expansive two-acre area currently holds structures dated back to the early 1940s and 1950s. According to court documents, the city’s purported interest in the land escalated to formal legal action, initiated three years ago under the administration of former Mayor Javier Joven, who is alleged to have had intentions to repurpose the property for economic development.
Detailed in the litigation, an unsettling encounter between Mike Terry and a confidante of Joven hinted at a targeted campaign to force the foreclosure of the property. This individual allegedly revealed the mayor’s plans to develop the site and burden the owner with enough expenses to necessitate a sale, a conversation unknowingly held with the plaintiff’s brother.
Further complicating the matter, the city labeled the property’s buildings as unsafe and poised for demolition, a stark contrast to previous city communications which only cited minor violations, such as weed or trash infractions. Such sudden shifts in enforcement have led Terry to suspect ulterior motives tied to aesthetic judgments rather than genuine concerns over structural integrity.
Supporting Terry’s accusations, documents describe an apparent lack of procedural adherence during the inspection process. Allegedly, no formal notices were provided nor were city building codes officially cited as being violated prior to a drastic decision in July 2021 that deemed the property hazardous. The legal team pointed to misleading claims about the property’s instability as pivotal moments where Terry’s due process rights were infringed upon.
Adding to the dispute, a Board of Survey meeting attended by city representatives conveyed that urgent actions were necessary due to the deteriorating state of the buildings. However, claims about previous inspections and notices were contested by Terry, who had received contradictory feedback from a city inspector who believed the buildings could be secured rather than demolished.
Months later, amidst proceedings to address and rectify the cited issues, city employees seemingly bypassed the board’s grace period, taking measures into their own hands. This premature intervention is now a focal point of the lawsuit, underscoring what Terry’s legal team criticizes as a capricious use of governmental power.
The city’s alleged rush to demolish could have extensive financial implications for Terry. Further compounding the controversy, a licensed structural engineer in February 2024 reassured the structural soundness of the buildings, contradicting the city’s earlier safety concerns.
Represented by attorney Brandon Grable from San Antonio, Terry seeks judicial intervention to halt the demolition. Grable has requested a direct determination from a federal court via preliminary and permanent injunctions, alongside unspecified compensatory damages in response to the handling of his client’s property.
Contrasting other nearby properties which remain untouched despite poorer conditions, Grable’s arguments suggest a selective enforcement strategy aimed at enabling real estate development, rather than addressing actual hazards.
This case continues to develop as the parties await further court dates, leaving a community to ponder the balance between urban development and the rights of property owners facing governmental actions.
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