Shoreacres Couple Sues Over Bayport Operations

Categories: Courts
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It was 12 years ago when we first wrote of residents raising the alarm over the effects of the proposed giant Bayport terminal. Now the terminal is built and continues to expand, and people continue to criticize it.

A Shoreacres couple has filed suit saying the terminal has forced them to endure "loud noises, bright carnival-like lights and pollution."

"The Port Authority insists that it wants to be a 'good neighbor' to plaintiffs, but good neighbors do not keep each other up all night," says the suit, filed by Lemroy and Yushema Simon.

A few weeks ago, the Port of Houston announced a plan to pay homeowners $40,000 each if they'd been affected by the operations.

(The Houston Chronicle applauded: Its news story began "Complaints from neighbors about noises and other nuisances created by the Bayport Container Terminal have finally paid off -- and handsomely.")

A total of 411 property owners will recieve $13.5 million under the plan.

The lawsuit doesn't specify the damages it seeks. But it indicates $40,000 won't cut it.

"The Port Authority's operation of the Bayport Terminal constitutes an invasion of plaintiffs' interest in the private use and enjoyment of their home," the suit says. "The Port Authority knew or was substantially certain that its actions would cause such an invasion."



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