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Appeals court reverses Ashby damages award

It’s kind of amazing to me that the Ashby Highrise saga is still a newsmaker.

Sue me!

In a major ruling that could stymie future legal challenges against developers, a state appellate court has reversed a key portion of the 2014 judgment awarding damages to residents opposed to the controversial Ashby high-rise.

Neighbors of the residential tower proposed for 1717 Bissonnet at Ashby had claimed it would reduce the value of their homes, intrude on their privacy and create a slew of other problems. A judge in Houston two years ago concluded there was no way to legally stop the project.

But he said the residents were entitled to $ 1.2 million in damages, even though construction had yet to begin.

The eagerly awaited opinion filed Thursday in the 14th Court of Appeals is a big win for the Houston development community and it brought the partners involved a sense of vindication as they prepare to move forward with the project.

“A decision to uphold damages in this type of case would have set a dangerous precedent for urban growth and economic prosperity, not just in the city of Houston but throughout the state of Texas,” Matthew Morgan of Houston-based Buckhead Investment Partners said Friday. “We are grateful to the Texas Court of Appeals for making it clear that zoning by nuisance law is not how things get done in Houston, Texas.”

The reversal applies to damages awarded to 20 homeowners near the site at 1717 Bissonnet and Ashby where Buckhead has been planning a 21-story residential tower the company said it still plans to build in the leafy neighborhood near Rice University.

[…]

Thursday’s opinion also reversed the ruling that the developers would have to pay the homeowners’ legal fees.

The appeals court affirmed the remainder of the judgment, including the trial judge’s refusal to grant an injunction halting the project.

In recent years and likely a result of the earlier Ashby ruling, property owners in Houston’s urban core have filed lawsuits to stop developers from building.

If the court had upheld the damages, it would have set a precedent for future cases, said Matthew Festa, a professor at Houston College of Law who specializes in land-use issues and who testified for the developers’ side during the December 2013 trial.

“Basically it would have hung a million-dollar price tag on the building permit,” he said.

A copy of the decision is here. The original ruling was made in 2014, and we are past the tenth anniversary of this case. As the story notes, the residents could try again after the thing gets built and it is shown to lower their property values, but who knows if that will ever happen? Despite the setback, as a Swamplot commenter notes, they’ve delayed the project well past the real estate boom time in Houston, and if nothing else bought themselves at least a decade of not having this highrise as their neighbor. Not that bad an outcome no matter what happens next, really.

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