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 AND 

KATHERINE HOANG, JOINTLY, JAMIE FLATT, DONALD 

VERPLANCKEN, 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, 

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, APPELLEES AND CROSS-APPELLANTS

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This cause, an appeal from the judgment, signed July 18, 2014, was heard 

on the transcript of the record. We have inspected the record and find error in the 

judgment.

We order the portion of the judgment ordering that appellees/crossappellants, Penelope Loughhead, Luong Nguyen, Lam Nguyen and Katherine 

Hoang, jointly, Jamie Flatt, Donald Verplancken, 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, 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, recover from 
appellant/cross-appellee, 1717 Bissonnet, LLC, damages for loss of market value 

be REVERSED and RENDER judgment that appellees/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-appellee, 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 Verplancken, 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, 

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 court 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 Hoang, 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, 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—jointly and 

severally.

We further order this decision certified below for observance.