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Port Mansfield man loses bid for permanent injunction against Navigation District With his hands shaking in district court as he was talking to Judge Migdalia Lopez, a disabled Port Mansfield man suffered his first legal setback to prevent his eviction by the Willacy County Navigation District, as the judge ruled against his motion for a permanent injunction. Steve Banyai, 53, who owns a $34,200 house that sits on top of leased navigation district property, appeared well-dressed before Judge Lopez last Thursday morning, but without an attorney to represent him. "You may have grounds for the injunction but I need you to decide how you want to proceed," Judge Lopez said. "There are certain things you must do in order for a temporary restraining order (TRO) to become permanent." "What would you suggest," asked Banyai. Judge Lopez replied, "I can't tell you what or how to proceed, my job is to be the judge. You need an attorney who will talk to you and advise you." "I have no option but to rule against your request," said Judge Lopez, referring to the TRO and request for permanent injunction, that was prepared pro-bono for him by District Attorney Juan Angel "Johnny" Guerra's office. Judge Lopez recommended that Banyai try to find an attorney through Texas Rio Grande Legal Aid, or some other means. A March 17th eviction letter from the navigation district to Banayi stated, "All improvements on the leased property must be kept in a painted, attract(ive) condition, and lots must be kept mow(ed), and clean of trash, junk, and weeds." Mike Wilson, the navigation district's general manager and port director, was present at Thursday's hearing. "It's really unfortunate that it all came to this," said Wilson, referring to Banyai's refusal to comply with a nuisance ordinance. "We would have much preferred he cleaned up his property and fixed his house two years ago." Banyai has not yet been removed from his leased property, which still has 13 years left on the agreement. Almost all navigation district lease cancellations are for nonpayment of fees or taxes, according to Wilson. Banyai's case is for alleged noncompliance with a newly passed nuisance ordinance. The navigation district hand delivered Banyai a 3-day notice of eviction last Thursday, right after the district court hearing. The district also sent Banyai a refund check for $159.16 for the 33 days left on his lease. The lease cancellation and eviction case will now be referred to Justice of the Peace George Solis in the next few weeks, for his ruling on the matter. Banyai stands to lose his entire investment if the navigation district prevails in the case, unless he quickly sells the house and improvements.
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