Since April of 2018, Courtney Paulsen has operated County Meadows Clinic in Thorndale off US 79 in a business as usual manner.
That changed on the last day of December 2020 when a petition for injunctive relief was filed in the 20th District Court in the Milam County Courthouse in Cameron. Now the clinic is facing a lawsuit that aims to put it out of business.
The lawsuit says the clinic is in violation of subdivision deed restrictions because it is a business, not a residence and the deed restrictions say, in part, “only one single-family dwelling” on any one lot.
There is also the matter of some improvements Paulsen made to her lots. According to the suit, the deed restrictions say, “any garage, carport or addition to (the) first residence must be all of new material and be of equal construction and architectural design as the residence.”
Victoria and Steven Granzin, who filed the suit, live on Gauge Road across from the clinic on Sidney Boulevard.
The Granzins contacted Paulsen in March of last year after Paulsen had made improvements to her business, she said.
“We erected a side awning protecting us from the weather. We didn’t realize there was a restriction describing how any addition should match the rest of the building. We were desperate and really didn’t think about it,” Paulsen said in an email interview. “He called and explained it, and stated that if we could build a fence, they would be okay with the awning staying there. When I explained that we could discuss putting a fence up at a later date, they offered to finance one for us. There was some hostility felt from both he and his wife during this exchange, therefore I didn’t feel that it would be in our best interest to enter into a financial agreement with them.
“I just told them thank you for the offer, but I would need to discuss everything with my business partner and later down the road we can look at doing a fence. That was the last time I spoke with either of them,” Paulsen said.
Pauslen feels the deed restrictions mentioned in the suit don’t apply now.
“The original deed restrictions were created by Jack Hilliard who started this subdivision. As the majority owner (two-thirds of properties), he allowed several variations. Mr. Hilliard built this building as a day care which was one of the many variances he granted. To my understanding it was a day care prior to the Granzin’s buying their house.”
While Paulsen will have to respond to the suit, she and some supporters are collecting signatures to present to the Home Owners Association leadership.
“We are still collecting signatures, but we should have enough to get the restriction removed. The only restriction needing to be addressed is the one regarding the awnings,” she said.
In addition to closing the health clinic in a county that doesn’t have a hospital, the suit seeks to have any improvements made at 202 Sidney Boulevard that are in violation of deed restriction removed.
It also seeks civil damages allowed under the Texas Property Code, costs of court, reasonable and necessary legal fees and expenses, as well as “other and further relief, both in equity and at law, to which the plaintiff may be justly entitled.”
An effort to reach the Granzins was unsuccessful.
Social media posts made last week show support for the clinic with comments like, “Hang on Courtney Paulsen. This entire community needs you and your clinic,” and “I don’t understand at all how this clinic is hurting the neighbors across the street. Courtney and staff do so much good.”
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