HOUSTON – A state court of appeals has ruled in favor of a controversial high-rise project.
The Fourteenth Court of Appeals has reversed a portion of a judgment regarding the controversial Ashby high-rise near Rice Village.
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A judge in 2014 denied the motion for permanent injunction filed by 20 residents against the proposed development planned for the corner of Bissonnet and Ashby near Rice University.
The judge said residents shouldn't immediately receive damages because the project had not been constructed.
On Friday, the Court of Appeals said it ordered the portion of the judgment ordering that appellees/cross-appellants recover from appellant/cross-appellee damages for loss of market value be reversed and render judgment that appellees/cross-appellants take nothing on their claim for damages without prejudice to their right to seek damages once a claim for an existing nuisance accrues.
File: Ashby high-rise judgement
In a statement, Buckhead Investment Partners Inc. said it is gratified that the Court of Appeals reversed the damage award and affirmed that the planned 21-story residential tower "is not a nuisance."
"The development at 1717 Bissonnet will enhance the livability of the area, and we look forward to providing the city of Houston and the Texas Medical Center/Museum District with a nationally-recognized 'green,' upscale and neighborhood-friendly lifestyle housing alternative not presently offered in the area," Buckhead Investment Partners said.
For many years, residents battled to stop construction of the development. Residents in the past had characterized the development as the "Tower of Traffic" and a building that would be out of place in the neighborhood.
Buckhead Investment Partners said it is also pleased with the court's stance on the limited capacity of the judiciary to fashion and impose detailed land use regulations in the absence of any guidance from the state or local legislatures.
"This is a victory for the development community at large, as other desirable and fully entitled projects
can move forward without delay and fear of unlawful retribution," Buckhead Investment Partners said. "Our city's infrastructure and economy continue to rely on our ability to work together to provide new, alternative inner city lifestyle housing options."
The case had lingered for numerous years in court.