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• ~ <br />BELMONT <br />Belmont Constructors, Inc. <br />Facts Relevant To This Matter: <br />In the early 1970's Fish Engineering Company purchased a 21.6 acre <br />tract of land located at 1241 Underwood Road. On this property <br />were several structures. Today, there is an office building, a <br />large warehouse, a large fabrication shop (which was built by Fish <br />in 1972 specifically for the fabrication of pipe) and several <br />smaller buildings. <br />Fish Engineering utilized the entire property in the normal <br />operation of an engineering/construction company i. e. <br />engineering, storage of pipe, storage of tools and equipment, pipe <br />bending, welding and fabrication operations. <br />During these early years the property was within the boundry of <br />the community of Lomax and was subject to Lomax's ordinances. <br />On Jan. 1980, the City of LaPorte consolidated with Lomax and <br />assumed the area in which the Fish property is located. This <br />placed the property within the commercial zoning classification of <br />LaPorte's zoning ordinance number 780. <br />In January of 1987 LaPorte's zoning ordinance number 1501 came <br />into effect. This placed the front portion of the property in the <br />general commercial category, the center portion in an R-2 category <br />and the rear portion in an R-1 category. The usage of the property <br />under ordinance number 780 was conforming, but under ordinance <br />number 1501 it became legal non-conforming. <br />The City of LaPorte, however, allowed Fish to continue using the <br />entire property in a legal non-conforming use status. <br />In the mid 1980's there was a decline in the construction <br />industry. Because of this decline Fish Engineering shrunk it's <br />construction activity on Underwood Road to an approximate 4 acre <br />section of the 21.6 acres.' This included the office building and <br />warehouse in which Fish continued with normal construction <br />activities. The remaining piece of the property (approx. 17 <br />acres-including the large fabrication shop) was leased to a <br />company named Refurbco for the renovation and repair of mobile <br />homes. <br />On June 15, 1989 Refurbco discontinued their lease with Fish and <br />the property, with it's non-conforming use status, reverted to <br />Fish. <br />2400 West Loop South Suite 550 Houston, Texas 77027 • (713) 621-3223 • Fax: (713) 621-1822 <br />