It’s like deja vu all over again, only different.
A NEW LAWSUIT filed last week against the developers of the 2229 San Felipe office tower currently under construction between Shepherd and Kirby is a bit different from the one that a group of neighbors initiated against the same party back in February, a reader notes. The plaintiffs in the new lawsuit are the owners of a River Oaks home directly across the street from the construction site, and they appear to have studied the ruling issued in the Ashby Highrise lawsuit carefully. (Back in May, Judge Randy Wilson ordered the developers of that building to pay neighbors $1.2 million to compensate them for “lost market damages,” but denied their request to halt the building’s construction)
Unlike their neighbors who sued before them, the residents of 2237 Stanmore Dr. are not seeking to prevent or delay the construction of Hines’s neighborhood office tower. Instead, it appears they are only seeking compensation for both public and private “nuisances” created by the 17-story building, including pollution, noise, and ground vibration during its construction and the resulting loss of sunlight and rain on their property.
See here and here for the background. Funny thing about precedent, it just keeps popping up again and again. If the developer community didn’t like the Ashby result, they’re really going to hate this lawsuit. Not much else to do for now but keep an eye on it. Prime Property has more.