Willacy County Navigation District dispute to evict resident moved to January

Temporary County Court Judge Jaime Garza reset the eviction case of Port Mansfield resident Steven Banyai to January 20th, after both parties made claims at yesterday morning's hearing. Willacy County Navigation District Attorney Jerry Stapleton had filed a default judgment to continue the eviction of the disabled former fisherman who has been fighting the district over architectural rules.

Banyai, 54, won an initial court round when Justice of the Peace George Solis ruled in his favor. Banyai stands to lose his entire investment of $49,200 if he is evicted.

Judge Solis at the time stated, "The judgment is going to be for the defendant (Banyai), because the county attorney has not ruled (on the ordinance)," Judge Solis said. "The losses to the defendant are very large, and are without precedent."

Texas Rio Grande Legal Aid, who is representing Banyai on the appeal question, contends that Stapleton did not file an appeal within the five day appeal period, according to legal aid attorney Pedro Cruz.

Port Director Mike Wilson said that Stapleton did file an appeal within the five day period for Justice Solis's ruling.

"The justice's secretary prepared the (written ruling) document several days later after the (verbal) ruling," Wilson said.

Judge Garza will sort the matter out in January.

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