An Odessa couple has filed a lawsuit against a Midland construction company alleging its employees mistakenly dug up their property to build an O’Reilly’s Auto Parts.
According to the lawsuit filed in Ector County District Court, Red Deer Construction removed trees, fences and gates on Jose and Felisa Estrada’s South Texas Avenue property in November 2020. The company also cleared land and installed sewer taps, sewage lines and other plumbing sub-ground level items, the suit stated.
The Estradas’ attorney, Caleb Stuart, alleges Red Deer was sent a demand letter, but they didn’t respond so now the Estradas have had to hire their own contractor to remove all of the items before they can begin to build their own home.
“Plaintiffs have been forced to live with various friends, as they are unable to build a home on their property,” the lawsuit states. “At this juncture, it is necessary for the plaintiffs to immediately put their time, energy and financial resources into repairing the remnant of their property.”
So far the Estradas have spent more than $13,000 to remedy the situation and are seeking a judgment of more than $119,000, according to the lawsuit.
Red Deer Construction didn’t return a phone call seeking comment.
