The Lighthouse District arch over Sixth Street; Photo credit: City of Kemah

KEMAH — The City of Kemah is moving forward following a recent ruling from the Fourteenth Court of Appeals in an ongoing legal dispute involving a section of Sixth Street in the Lighthouse District.

According to the city, the appellate court dissolved a trial court’s temporary injunction, ruled in favor of Kemah on appeal, and remanded the case for further proceedings.

The lawsuit stems from the city’s 2024 decision to restrict a portion of Sixth Street, between Bradford Avenue and Kipp Avenue, to pedestrian and emergency vehicle access. The city installed bollards, signage, and traffic control measures to limit regular vehicle traffic in the area.

Plaintiffs in the case, including Merger Three, LLC and other property owners and businesses along the corridor, argued the city’s actions effectively closed the street without required consent from adjacent landowners and negatively impacted access to their properties and businesses.

A Galveston County district court previously granted a temporary injunction requiring the street to reopen to vehicle traffic while the case proceeded.

However, in its opinion, the appellate court found that a street limited to pedestrian and emergency vehicle access is not considered “closed” under Texas law. Based on that determination, the court ruled the plaintiffs did not demonstrate a probable right to relief and dissolved the temporary injunction.

The appellate court also ordered the appellees to pay costs associated with the appeal.

Court records show the case was initially filed in federal court, where a judge denied a similar request for injunctive relief. The lawsuit was later refiled in state court.

The case will now return to the trial court for further proceedings, meaning the broader legal dispute remains unresolved.

In a statement, the City of Kemah said it is encouraged by the appellate court’s decision and remains committed to protecting the interests of residents, businesses and visitors while continuing to move the community forward.