AUSTIN (CN) - A Texas judge has tossed a charitable thrift store's claims that a competitor brazenly stole 50 of its clothing-donation boxes.
Brook Valley Thrift Stores, which also does business as Texas Thrift Store, sued
Assetrack Corp. and its operator, Eugene J. Kuykendall Jr., of Houston, in March 2012.
Judge Lora Livingston with the Travis County Court dismissed the case for lack of subject matter jurisdiction on Jan. 13.
The suit had alleged that a Texas Thrift contractor "caught defendant Eugene J. Kuykendall Jr. seizing one of Texas Thrift's donation boxes" near Austin in January 2011.
"Defendant Kuykendall freely admitted to Texas Thrift that he had been seizing its donation boxes, including the contents thereof, from around Travis County, and selling the unlawfully seized donation boxes to other companies," the complaint stated. "Defendant Kuykendall claimed he had the authority of the property owners to remove Texas Thrift's donation boxes, but only one such written authorization ever materialized and the purported authorizing official did not have the authority to order the removal. Amazingly, defendant Kuykendall then offered to sell Texas Thrift's donation boxes back to Texas Thirft."
Texas Thrift did not immediately respond to a request for comment Wednesday.