Attorney General sues Fort Crockett owners

GALVESTON — Texas Attorney General Greg Abbott sued the owners of Fort Crockett, a former U.S. Army base, asking a Galveston judge to order them to improve nine barracks or face fines to fund repairs.

Abbott filed a lawsuit Friday in Galveston’s 122nd District Court on behalf of Mark S. Wolfe, the state’s historic preservation officer, which seeks to preserve the fort and its historical significance to Galveston.

The lawsuit against owners Max Bowen Enterprises and Juan Hijo Investments also seeks a temporary restraining order preventing the buildings’ demolition and a permanent injunction to provide for the property’s improvement.

Steve Johnson, of Juan Hijo Investments, part owner of Fort Crockett, told The Daily News on Monday that he hadn’t seen the lawsuit and therefore couldn’t comment on its allegations.

The Gulf-front military reservation was established in 1903 as a coastal artillery installation of the U.S. Army. The reservation was extended from 43rd to 57th streets and from Avenue Q to Seawall Boulevard.

Five of the barracks were built in 1910, and the other four were built in the late 1930s. During World War II, the fort was a prisoner of war compound, the lawsuit states.

“When viewed alongside remaining Fort Crocket structures and gun batteries, these officer quarters are a significant reminder of the fort’s mission through World War II and provide passers-by with a sense of the overall post’s size and its role in the history of Galveston,” the lawsuit states.

Despite years of neglect, the barracks retain a good degree of integrity, creating a cohesive residential setting and a distinguishable example of coastal, military housing, the lawsuit states.

Fort Crockett was decommissioned in 1946, declared surplus in 1953 and three years later some of the barracks were transferred to the U.S. Coast Guard. The remainder of the property was at that time transferred to the General Services Administration for sale.

Senior officers’ quarters remained in custody of the Coast Guard until 1996 and were then also put up for sale.

On Nov. 7, 2000, Bowen and Rio Grand Royalty purchased part of the property, 6.4 acres. Hijo was the successor in interest to Rio Grand Royalty, the lawsuit states.

The lawsuit references deed restrictions, noting the buildings were to be preserved and maintained according to plans approved by the state’s preservation officer.

The lawsuit accuses the defendants of failing to preserve and maintain the buildings, allowing them to deteriorate, and refusing to submit a preservation plan.

Abbott asked for a temporary restraining order, preventing the defendants from demolishing the buildings, which they have threatened to do without the consent of the state historic preservation officer or the Advisory Council on Historic Preservation, the lawsuit states.

The lawsuit seeks a permanent injunction, barring demolition. Abbott asks the court to enforce the preservation and maintenance requirements.

If the defendants won’t submit a preservation plan, the court should impose one, the lawsuit states.

Finally, if the defendants won’t preserve the buildings, then the lawsuit asks a judge to impose damages in an amount sufficient to pay for maintenance and restoration of the property.

Hearing dates had not been set as of Monday, a court official said.