Ashby 2.0 gets sued

Let’s party like it’s 2007, baby!

Did you miss me?

Just when the 16-year battle over the proposed Ashby high-rise site in Boulevard Oaks appeared to drawing to a close, opponents have filed a lawsuit that again puts the fate of the project into question and reopens one of the most contentious land-use cases in Houston’s history.

Neighbors of the proposed high-rise at 1717 Bissonnet filed a lawsuit in Harris County District Court on Friday asking a judge to decide if the project is following rules set in a 2012 agreement between the city of Houston and the developer of what was then known as the Ashby. If the judge sides with neighbors, the project could be halted, sending current developer, Dallas-based StreetLights Residential, back to the drawing board and delay further construction of the high-rise, now named the Langley.

[…]

At the root of the neighbors’ lawsuit is an agreement known as a restrictive covenant, which specifically outlines what can be built on the property, including details about its density and size.

StreetLights argues its revised plan adheres to the restrictive covenant, but opponents say there are too many discrepancies. A key point of contention is the size and layout of a pedestrian plaza, which opponents say differs too much from the proposal outlined in the covenant.

They argue that the plaza is about 20 percent smaller than what is required, and that the layout of the plaza would encroach on the city’s right-of-way — eating into public sidewalks and streets, said Pete Patterson, the attorney representing the neighbors.

StreetLights maintains that its design for the plaza is actually bigger and better than the 2012 plan.

StreetLights argues its revised plan adheres to the restrictive covenant, but opponents say there are too many discrepancies. A key point of contention is the size and layout of a pedestrian plaza, which opponents say differs too much from the proposal outlined in the covenant.

They argue that the plaza is about 20 percent smaller than what is required, and that the layout of the plaza would encroach on the city’s right-of-way — eating into public sidewalks and streets, said Pete Patterson, the attorney representing the neighbors.

StreetLights maintains that its design for the plaza is actually bigger and better than the 2012 plan.

Previously StreetLights has said its new plan would reduce density and traffic because the Langley would featuring fewer units, one fewer floor on the tower and wouldn’t include a ground-level restaurant. The changes from the original plans, however, haven’t satisfied many neighbors.

“Our original hope was that a developer would come along to do something that would be fitting in the neighborhood” such as a lower rise set of town homes, said Penelope Loughead, 69, a plaintiff in the new lawsuit. “You can say it’s one story less, but big deal. Besides being totally out of context in this community of two-story homes, I’m very concerned about the effect of the density on this little tiny street.”

Loughead was part of the original group of neighbors who in 2013 sued to block the the Ashby. Although that suit was unsuccessful, neighbors say they have a strong case against the Langley design.

“What gives me hope and why we’re still in this right now is we have the backing of a lot of neighbors here,” Loughead said.

Okay, fine, the first lawsuit in this saga was filed in 2010, not 2007, by the then-developers against the city. The suit by the neighbors against the developers was indeed filed in 2013. What can I say, after a decade or so my memory of these things starts to get a little fuzzy. I have no clue what any of that legal argle-bargle means, I’m just gonna sit back and enjoy the show.

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4 Responses to Ashby 2.0 gets sued

  1. C.L. says:

    I hope StreetLights builds a 30 story cheap ass stucco covered monstrosity that resembles a high-rise prison building with a physical orientation that blots out the sun from it’s immediate neighbors residences and yards for 75% of any given day.

    About time the West U/Rice U NIMBY’s get a taste of what the rest of Houston has experienced for the past three decades.

  2. Ross says:

    How about a 5 story building with 80% low income apartments and ground floor retail with a pain pill pharmacy, liquor store, a CBD and vape shop, a dry cleaners, and an erotic boutique?

  3. Don’t forget to add an eight-liner game room in the back.

  4. C.L. says:

    LOL. All that. Look no further than 730 E. 11th Street in the Heights, a hop/skip/jump from Kuff’s place, for an example of what Shouldn’t be plopped down in the middle of a residential area, or better yet, the seven story hotel at 3220 Katy Freeway that’s now the prevailing southern exposure eyesore/structure for everyone living immediately north of it… and that’s just the Heights area.

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