A judge has declined to dismiss a key piece of a lawsuit against the developers of 1717 Bissonnet, a proposed 21-story residential building widely referred to as the Ashby high-rise.
The developers were denied a request that would have thrown out the plaintiffs’ attempt to seek a permanent injunction to halt the project.
The case is now headed for a jury trial set to begin in November.
State District Judge Randy Wilson issued a denial for partial summary judgment requested by the defendant on Sept. 20.
In a written statement, Buckhead said the petition’s claims are without merit and could lead to a “chilling effect on the development of new real estate projects.”
“This lawsuit is a serious threat to urban growth and economic prosperity throughout the state of Texas,” it said. “If successful, the resulting lack of predictability and uncertainty in the law would invite a flood of similarly styled litigation aimed at stopping projects subjectively deemed as inappropriate or undesirable by any individual or like-minded group of would-be plaintiffs.”
The lawsuit was filed in May. I didn’t think much of its chances, and to be honest I still don’t. But who knows? The old apartments on the Ashby site have been demolished, the developers have their permits, and they vow construction will begin this fall. We’ll see if they’re right.