ASHBY HIGHRISE LAWSUIT: IT’S ON! Gee, who’da thunk it would come to this? “The developers of the Ashby high-rise sued the city of Houston today seeking more than $40 million in compensation after repeated denials of their permit application. ‘The city must learn that it cannot misapply the law to please a select few or to achieve de facto zoning regulations that our community has consistently rejected,’ said Kevin Kirton, the chief executive of Buckhead Investment Partners Inc., the company that sought to build the 23-story tower at 1717 Bissonnet near Rice University.” [Houston Chronicle; previously on Swamplot]
Sign up for the Newsletter
Houston gets to pay for Bill White’s heavy handed antics. Of course he lives behind gates.
I, for one, support this agenda. Build the damn thing already.
And so far City Hall is quiet. City Hall may be in a state of shock. Simply because City Hall knows legally they have no defense unless they believe the law can be twisted and turned to benefit a few insiders who can pull the strings inside City Hall.
And if Bill White becomes governor, it will only prove how absolutely stupid a majority of Texans are. Why should the taxpayers even pay for the lawsuit? The city should demand he pay for it along with all the other politicians, including our new mayor, who supported this
“Stop Ashby” movement.
As for this ridiculous “traffic impact” they claim allows them to do what they did, good luck convincing a jury of that unless they strike any and all jurors who live or drive in the Galleria area.
“And if Bill White becomes governor, it will only prove how absolutely stupid a majority of Texans are.”
*
This was already proven when they elected George W. Bush for Governor. Then again, when they elected Rick Perry.
Yeah everybody, let’s support a successful lawsuit and a huge cash settlement! Oh wait, we the taxpayers are the government and we’ll be the one footing the bill. Doh!
@iLackTact: Taxpayers are not the government.
I’m in the “build it” camp too.
Ashby Highrise would have been a great addition to our great city. Bill White is stealing from Houstonians every single day through his red light camera scam. Now the taxpayers will get to pony up even more thanks to his and Anne Clutterbuck’s BLATANT cronyism. Pathetic.
You won’t hear anything from the current Mayor because she’s cut from the same cloth and likely supported the City’s course of action in this whole mess.
Unfortunately, the window of opportunity to build this thing has slammed shut. There’s no way this thing gets built now. The capital markets simply will not allow it.
Considering the fact that Houston is awash in empty condo towers and bankrupt developers, Mr. Kirton should be thankful that his project didn’t go through. He should be thanking the city and the local residents who put up the fight.
Agree with Lou. I don’t know the applicable law on damages, but if the developers have to prove that they lost money, they would wind up owing the City money.
MikeRG said: “…if the developers have to prove that they lost money, they would wind up owing the City money.”
Exactly. And if they’re basing their argument on potential earnings, then shouldn’t neighboring properties be able to argue on potential loss of property value? It should be an interesting show.
Ultimately, the developers used the intricacies of the city code to try to slip this by the neighborhood. Then they complained when the neighborhood used the intricacies of the city code to block it. Boo effin’ hoo.
God, so awesome. How to succeed in anything: dont take no for an answer. persevere. These guys do not give up and I guarantee the WestU resistance only pushed them further
CROWNER:
The Ashby High Rise site is NOT IN WEST U!!
It is in Houston, hence Houston mayor White getting involved. Got that?!?!
I do find it interesting that Kirton and his partner in crime do not live in Houston, and in fact, live in West U/Southside.
Good for the goose, and all that……
This was already proven when they elected George W. Bush for Governor. Then again, when they elected Rick Perry.
______________________
One hopes one learns from one’s mistakes but given the mass turnout for Sarah Palin I suspect that doesn’t apply in Texas. Which of course points out the main problem for Bill White. He’s a Democrat. In a Republican state. There aren’t enough stupid voters to elect him or any other Democrat.
I am amazed by the number of bright light bulbs who think Southampton is a suburb of West U. I’ve learned to not read further on their posts. Particularly in the Chronicle.
As for the story in the Chronicle this morning, one of the Bobbsie Twins seems to have intimated that the developers are just trying to rip off the taxpayers since, as Bernard and others keep maintaining, they don’t have financing.
He and the city should hope that in fact they do not.
And the new mayor hasn’t helped the public perception of the matter by appointing him to the committee to study “zoning by ordinance” which she did knowing full well the developers were going to sue.
Apparently she has the same arrogance that Bill White had. He was king. She is queen.
I do find it interesting that Kirton and his partner in crime do not live in Houston, and in fact, live in West U/Southside.
________________________
So where does it say only residents of Houston may build in Houston?
They basically live within Houston. West U and Bellaire and the Villages in Memorial are all cities within the city of Houston. Apparently some can’t afford them so they take every opportunity to knock them. Out of envy. Maybe the spoiled brats who moved to Southampton should have moved to West U instead of trying to turn Southampton into West U.
Thanks Bill White. You made some of your wealthy campaign contributors happy and now the taxpayers will have to pay. I have never been a Perry fan but I would rather have Shami, KBH or Perry for governor.
“Maybe the spoiled brats who moved to Southampton should have moved to West U instead of trying to turn Southampton into West U.”
~~~~~~~~~~~~~~~~~~~~~~~~
While I am definitely a spoiled brat, I have -zero- desire to turn SH into WU. Except I do love their streets. Who do I have to payoff to get new, concrete streets like WU has?
This lawsuit is long overdue. The City’s arbitrary application of building codes deserves litigation. Frankly, the outcome does not directly effect me but the precedent set forth by the City’s capriciousness does. Also, filing this lawsuit in a county court at law seems ridiculous considering the alleged damages are astronomically high and will exceed the subject matter jurisdiction of this court.
Also, filing this lawsuit in a county court at law seems ridiculous considering the alleged damages are astronomically high and will exceed the subject matter jurisdiction of this court.
________________________________
They have a very good attorney. If he filed it in county court instead of state district court,he had a reason to.
These guys are like a couple of kids. Large scale development is always politically charged, and it’s probably even more so in Houston given the absence of effective land use controls. Developers have long used their political influence to turn Houston into a real estate free fire zone, so it’s a bit childish to whine now that politics entered the picture–and I think it’s absolutely true that the city saved the boys from themselves by stopping the silly thing when they did. Just looks like their little egos won’t let them go to Plan B.
Landed Gent, per the Local Government Code, Harris County Civil Court at Law has exclusive jurisdiction over local eminent domain/inverse condemnation claims.
absent some exception related to suing a muncipality, filing a suit like this in county court of law, as opposed to in the district court, was not wise. (the judge’s are significantly more sophisticated in the district courts here–significantly.)
that said, i hope these boys win. in general, i like bill white and thought he did a lot for this city. this debacle, however, was a disaster and these guys should be compensated.
It is interesting to note that there is no record of the lawsuit on the district clerk’s data base. Someone pulling strings already so prying eyes can’t see it?
As for being filed in county court at law it may be tied into an issue of “governmental interference” tied into an “eminent domain” issue which is only heard by county court at law judges.
And if anyone doubts the arrogance of the Stop Ashby Vigilantes, they “will also be evaluating our options with respect to participating in the suit.”
http://stopashbyhighrise.org/?p=152
Wonder if that means they’re going to pay to defend the lawsuit instead of expecting the taxpayers to since they are all such civic-minded pillars of the community who have this a better place for all of us to live. Or however they usually put it.
And rich, too. You have to wonder how many benefitted from the lack of zoning in everyone else’s backyard.
Ooops. If it was filed in county court at law it will be on the county clerk’s office data base but of course you can’t access the documents on the county clerk’s office data base. Inquiring minds will have to go make copies.
Rise High Ashby!
Oh Jesus Matt Mystery give your fanatical hatred of all things Southampton a rest! WE FREAKIN GET IT! Why don’t you change your name to Matt Misery?
Personally, I don’t care whether this thing gets built or not, I am just tired of hearing all of the whining. Houston needs zoning, so then no one can whine and bitch about some new project, because it will automatically “fit in its surroundings.”
Oh Jesus Matt Mystery give your fanatical hatred of all things Southampton a rest! WE FREAKIN GET IT! Why don’t you change your name to Matt Misery?
_____________________
Don’t forget the holy ones in Boulevard Oaks. I haven’t. I have a fanatical hatred of Boulevard Oaks as well. And now we have all their “mini-mes” wannabes at 2520 Robinhood.
I have no problem with all those who want the high rise built as long they recognize that a reasonably-priced apartment complex will be razed to accomidate whom? Buckhead’s target market of….the elite wealthy! I’m at a loss as to how their money will somehow be less tainted than the current residents of Southampton and Boulevard Oaks.
They’ll keep fighting… AND THEY’LL WIN!