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City asks court to let Ashby Highrise be built

Interesting.

Sue me!

The city on Friday asked a judge to let the Ashby high-rise project go forward after seven years of wrangling and a recent jury verdict in favor of nearby residents who oppose the 21-story tower planned for 1717 Bissonnet.

City Attorney David Feldman said halting construction of a project that satisfied the regulations in place at the time it was granted a permit would “irreparably impair future developments in the city.”

“The uncertainty surrounding the outcome of such lawsuits would hinder developers from financing, leasing and constructing real estate developments in Houston, which require long-term secure contracts,” Feldman wrote in a letter delivered to state District Judge Randy Wilson. “We urge the court to consider the serious public policy considerations involved.”

[...]

“We’re not endeavoring to take a position in this specific situation,” Feldman said Friday. “It’s a broader question of whether, in a city such as ours without zoning, development can reasonably be expected to occur if a developer that complies with all laws and deed restrictions can be enjoined from building … What kind of effect would that have on development in a city such as ours? That’s the point that we felt was important to raise with the court.”

The city’s stance surprised Earle Martin, one of the residents who brought the suit. He said that even when the city settled a separate lawsuit with Buckhead in 2012, Mayor Annise Parker continued to insist the project was not suitable for the area.

“The letter is completely inconsistent with what the mayor has said so far,” Martin said. “I cannot understand this. I’m sure there is pressure from the development community.”

[...]

Expert testimony presented during the monthlong trial showed the building would severely damage several homes, causing walls to lean, foundations to crack and pipes to shift. The jury also heard evidence that the project would cause significant traffic problems, and that it is out of place and abnormal in the neighborhood.

Residents’ attorney Jean Frizzell said Friday that the city letter ignores evidence presented at trial that the developers misled the city to obtain permits, and that an ordinance enacted after the battle began ensured similar projects could not be built so close to existing homes.

“This letter appears to ignore that,” Frizzell said.

Josh Sanders, executive director of Houstonians for Responsible Growth, a nonprofit organization that represents developers, said the city weighed in on the court case because stopping the project would have a major impact on development. His group submitted a friend of the court brief, which Feldman referenced in his letter, that argued against permanent injunction.

“The city is stepping in and saying, ‘Why are you overriding our regulatory structure?’ ” Sanders said. “If a permanent injunction is granted, it throws all the rules out the window.”

See here for the last update. I’m really not sure what to make of this. I get where the city is coming from, and as you know I never really believed the plaintiffs had a case, but neither do I think the regulatory structure is sacrosanct. If this lawsuit has shown it to be fatally flawed, then let the court do its job and allow for a remedy. I’m skeptical this is the case, but let’s let the judge sort it out. Final arguments are today about whether the project can go forward, and I’m sure whatever the judge says it will be appealed. What do you think?

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