Texas’s Fourteenth Court of Appeals overturned part of the previous decision on the Ashby Highrise case yesterday, declaring that no, the developers of 1717 Bissonnet don’t have to pay the tower’s would-be neighbors $1.2 million as compensation for property value losses. Nor do the highrise planners have to cover for all those legal fees incurred by the various stages of the case — the homeowners are back on the hook for those as well, along with all costs incurred by the appeal.
The judges declared that even if the property values in the nearby homes did decrease, and even if that decrease was because of the proposal for the highrise, the homeowners can’t ask for compensation for property value drops caused by mere plans for a future “nuisance” — damages can only be awarded after said “nuisance” actually exists.
Following the 2014 ruling by judge Randy Wilson, the developer appealed the order to pay; the plaintiffs cross-appealed, asking again (unsuccessfully) for that previously denied permanent injunction to stop the project from moving forward. The appeals court’s opinion notes that yesterday’s decision doesn’t stop the neighbors from suing again later following construction.
- Opinion: 1717 BISSONNET, LLC V. PENELOPE LOUGHHEAD et al. [Fourteenth Court of Appeals]
- Previously on Swamplot: Ashby Highrise coverage