June 30, 2016



### JUDGMENT 

## The Fourteenth Court of Appeals

1717 BISSONNET, LLC , APPELLANT AND CROSS

- APPELLEE

NO. 14

- 14

- 00589

- CV V.
PENELOPE LOUGHHEAD, LUONG NGUYEN, LAM NGUYEN A ND KATHERINE HOANG, JOI NTLY, JAMIE FLATT, D ONALD VERPLAN C KEN, NORMAN AND SUAN NAH RUND, JOINTLY, A CHIM AND DIANA BELL, JOIN TLY, JEANNE MEIS, MA RY VAN DYKE, RALPH AND LESLIE MILLER, J OINTLY, YIN AND SURO NG ZHANG, JOINTLY, MARTHA GARIEPY, STEPHEN ROBERTS, SUZ ANNE POWELL, MICHELLE JENNINGS AN D MICHAEL TETZLAFF, JOINTLY, JAMES AND ALLISON CLIFTON, JOI NTLY, KIMBERLY BELL, RICHARD AND MARY BARANIUK, JOINTLY, K ENNETH REUSSER AND X ANTHI COUROUCLI, JOINTLY, AND EARLE M ARTIN, APPELLEES AND CROSS

- A PPELLANTS

________________________________ This cause, an appeal from the judgment, signed July 18, 2014, was heard on the transcript of the record. We have inspected the re cord and find error in the judgment.

We order the portion of the judgment ordering that appellees/cross

appellants, Penelope Loughhead, Luong Nguyen, Lam Nguyen and Katherine Hoang, jointly, Jamie Flatt, Donald Verplan c ken, Norman and Suannah Rund, joint ly, Achim and Diana Bell, jointly, Jeanne Meis, Mary Van Dyke, Ralph and Leslie Miller, jointly, Yin and Surong Zhang, jointly, Martha Gariepy, Stephen Roberts, Suzanne Powell, Michelle Jennings and Michael Tetzlaff, jointly, James and Allison Clifton, joi ntly, Kimberly Bell, Richard and Mary Baraniuk, jointly, Kenneth Reusser and Xanthi Couroucli, jointly, and Earle Martin, recover fromappellant/cross

- appellee, 1717 Bissonnet, LLC, damages for loss of market value

be REVERSED and RENDER judgment that appe llees/cross

- appellants take nothing on their claim for damages without prejudice to their right to seek damages

once a claim for an existing nuisance accrues

. We further order the portion of the judgment taxing costs of court against appellant/cross

- app ellee, 1717 Bissonnet, LLC, be REVERSED and RENDER judgment taxing all costs of court against appellees/cross

- appellants, Penelope Loughhead, Luong Nguyen, Lam Nguyen and Katherine Hoang, jointly, Jamie Flatt, Donald Verplan c ken, Norman and Suannah Rund, j ointly, Achim and Diana Bell, jointly, Jeanne Meis, Mary Van Dyke, Ralph and Leslie Miller, jointly, Yin and Surong Zhang, jointly, Martha Gariepy, Stephen Roberts, Suzanne Powell, Michelle Jennings and Michael Tetzlaff, jointly, James and Allison Clifton, jointly, Kimberly Bell, Richard and Mary Baraniuk, jointly, Kenneth Reusser and Xanthi Couroucli, jointly, and Earle Martin, except for those costs taxed in the judgment against “Non

- Prevailing Plaintiffs.”
We order the remainder of the judgment of the co urt below AFFIRMED

. We further order that all costs incurred by reason of this appeal be paid by appellees/cross

- appellants, Penelope Loughhead, Luong Nguyen, Lam Nguyen and Katherine Hoan g, jointly, Jamie Flatt, Donald Verplanken, Norman and Suannah Rund, jointly, Achim and Diana Bell, jointly, Jeanne Meis, Mary Van Dyke, Ralph and Leslie Miller, jointly, Yin and Surong Zhang, jointly, Martha Gariepy, Stephen Roberts, Suzanne Powell, Miche lle Jennings and Michael Tetzlaff, jointly, James and Allison Clifton, jointly, Kimberly Bell, Richard and Mary Baraniuk, jointly, Kenneth Reusser and Xanthi Couroucli, jointly, and Earle Martin

— jointly and severally.

We further order this decision certified below for observance.