09/30/13 10:05am

Last week, a judge refused to dismiss the lawsuit filed by folks in Boulevard Oaks back in May against Buckhead Investment Partners to stop the construction of 1717 Bissonnet (a.k.a. the Ashby Highrise), setting up a jury trial this November. In the suit, you’ll remember, neighbors cite concerns about traffic and privacy and also allege that the proposed 21-story residential tower would deprive their lawns and gardens of shade and rain. Right now, of course, the site — cleared once and for all of the Maryland Manor apartments — is itself a kind of garden, with grass and weeds sprouting at the feet of a painted-over fence.

In a statement sent to Swamplot, Buckhead explains its side of the story:

The claims contained in the Petition are without merit and are not supported by Texas law. This lawsuit is a serious threat to urban growth and economic prosperity throughout the State of Texas. If successful, the resulting lack of predictability and uncertainty in the law would invite a flood of similarly styled litigation aimed at stopping projects subjectively deemed as inappropriate or undesirable by any individual or like-minded group of would-be plaintiffs. There would be an immediate and economically debilitating statewide chilling effect on the development of new real estate projects due to the new precedent that any lawful, entitled and fully permitted project might be enjoined using these same sorts of baseless claims.

Image: Buckhead Investment Partners

05/08/13 10:00am

That there’s some pretty bad Feng Shui going down in this commercial for Honda, which was filmed in Vancouver and shown on teevee and the web beginning last October. The man behind the wheel of the CR-V sure is driving some bad chi into the gullet of the far-from-the-prairie home at the end of the T-intersection, to the encouraging narration of Garrison Keillor. But isn’t the house kinda asking for it anyway, what with all that glimmering vortex-popping and all?

And gee, doesn’t the hole stabbing through the house look a heck of a lot like . . . that temporary sculpture that stood on Montrose Blvd. in Houston a few years back? Portal to another dimension? Naah — from here it looks more like a shortcut to Grant St.

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11/09/12 1:17pm

The verdicts handed down this week in the court case connected to a dispute between the owners of 3 bars carved out of the former Settegast Kopf funeral home on Kirby Dr. at Colquitt, their landlord, and residents of the subdivision that surrounds it are a tad complicated. As a result of the jury decisions, neighborhood homeowners are now asking the judge to force 2 of the bars — Roak and Hendricks Pub — to stop selling alcohol. One of the jurors in the case offers Swamplot readers a detailed explanation of the decision:

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10/22/12 3:08pm

FUNERAL BARS GET THEIR DAY IN COURT The long-simmering legal battle between 3 bars carved out of the remains of the former Settegast-Kopf funeral home on Kirby and 51 nearby residents is scheduled to go to trial next week. The residents and association of the David Crockett subdivision, which includes Roak, Hendricks Pub and Eatery, and OTC Patio Bar within its boundaries — as well as tony Ferndale, Virginia, and Lake streets west of Kirby — are seeking to enforce the neighborhood’s deed restrictions, which prohibit alcohol sales and activities considered a “nuisance.” In a countersuit, the bar owners are alleging racial discrimination, complaining that the neighborhood has not enforced the same restrictions on the Owl Bar and Cafe Express, both of which also serve alcohol. Bar attorney Paul Pilibosian tells reporter David Kaplan that the bars’ lease will expire in a year and a half. The bars do not currently have an option to renew, but Pilibosian says they are seeking ways to stay longer in their current locations. [Houston Chronicle; previously on Swamplot] Photo of Roak pool: Sarah Tressler

10/11/12 1:11pm

THAT ONE CHANCE TO BUY YOUR NEIGHBOR’S MANSION IN SHADYSIDE “These houses turn over once in a lifetime and if you miss the opportunity, you’re screwed,” declares an unidentified Shadyside resident in Terrence McCoy’s Houston Press cover story — about that epic lawsuit that residents and watchers of the gated neighborhood just north of Rice University have been whispering about for the last several years. “That house will never come up again. If you want to control your destiny, you have to buy the house. You got to get it and if you don’t get it, you’re screwed.” [Houston Press; slideshow] Photo of Shadyside: Alex Stoll

10/09/12 12:35pm

COUNTY ATTORNEY STRIPS BIKINI OFF FM 1960 STRIP CENTER BABES In the suit filed yesterday against the operator of strip club Babes North at 10610 FM 1960 just east of Jones Rd., Harris County Attorney Vince Ryan accuses the club, formerly known as the Bikini Wing Bar, of flouting the laws governing sexually oriented businesses. “Babes is not a bikini bar. It is a topless and bottomless den of prostitution and drug dealing.” Notably, the lawsuit is also directed at the owners of the pad site in the Cypress Plaza Shopping Center, PJM Properties — for not taking reasonable measures to prevent criminal activity on its premises. [Cypress Creek Mirror] Photo: Click2Houston

07/19/12 2:15pm

Y’know this long-vacant 12- and 14-story office-building-and-parking-garage complex at 2100 Travis St. between Webster and Gray in Midtown — the one also known as “those Central Square Plaza buildings that somebody besides taggers ought to do something with”? Back in late 2009, the city ordered the owners to make a bunch of repairs within 60 days. What happened next? Owner Alfred J. Antonini filed suit to block the order; it’s been tied up in court ever since. Now 3 years later, Antonini has won the latest round in the ongoing tussle. An appeals court ruled this morning against the city’s claim that Antonini’s suit was invalid because he didn’t file it quickly enough. The case will go back to a lower court for more Midtown cleanup fun.

Photo: LoopNet

05/17/12 3:03pm

NOT-SO-LOCAL TREASURES ON THE WESTHEIMER STRIP Included in the lawsuit filed yesterday by Houston and Harris County attorneys against the owners of Treasures, which labels the Westheimer strip club a public nuisance and attempts to shut it down: allegations that the venue is a site of “human trafficking” — of dancers from Vegas. From Cindy George’s report: “The trafficking allegations stem from police probes revealing that some of the dancers are transported from Nevada to Texas, then from club to club within Houston, and reside in Galleria- area apartments and condos ‘where they are maintained by the pimps,’ [city attorney David] Feldman said at a news conference. . . . ‘They masquerade as legitimate businesses, but these high-end strip clubs like Treasures really are hubs of human trafficking,’ he said, later noting that the establishment averages $20 million in annual alcohol sales. ‘Treasures happens to be the most prominent of these clubs. It’s the largest. It is clearly the most visible and most notable and prominent. . . . We are hopeful that with this action, we serve notice not only on Treasures, but the other clubs out there that Houston-Harris County is not going to put up with this type of criminal activity.'” [Houston Chronicle]

05/07/12 3:16pm

JUDGE TO HOA: YOUR POTBELLIED NEIGHBOR CAN STAY 60-lb. porcine Spring resident Wilbur Sardo will not be exiled from The Thicket at Cypresswood subdivision — because his presence in the neighborhood does not violate the local deed restrictions, a Harris County judge ruled today. The pig’s attorney, HOA law specialist Mitchell Katine, tells Chronicle reporter Erin Mulvaney that the decision in the lawsuit filed by the animal’s owners marks “the first time a Vietnamese pot belly pig has been recognized as a pet in court.” The neighborhood’s community improvement association had argued that Wilbur counted as livestock, and was therefore prohibited. The Sardo family began an extensive media campaign around its quest to keep Wilbur after receiving a notice from the association last year that it would be subject to fines of $200 a day if it continued to keep their pet at home. [NewsWatch; previously on Swamplot] Photo: iWilbur.com

04/19/12 4:58pm

A 4-year-old child got her foot stuck in the open, unmarked 3-inch gap between the rotating floor and stationary wall at the Spindletop Restaurant atop the Hyatt Regency Hotel Downtown, according to a lawsuit filed by her parents earlier this week. The incident, which took place last October, resulted in several deep lacerations and “likely permanent disfigurement” of the child’s foot, according to the complaint. Her parents were able to pull the girl’s foot out of the gap and trapped shoe after a minute, but only seconds before the floor rotated far enough to push her in front of a pole supporting a handrail along the window.

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03/13/12 1:18pm

LAWSUIT CLAIMS PINEY POINT VILLAGE IS USING HUNTERS CREEK VILLAGE AS DETENTION POND A waterflow restrictor the city of Piney Point Village secretly installed in a new stormwater system it shares with Hunters Creek Village is now the focus of 2 separate lawsuits. The latest, filed last week, includes claims that the bricked-up storm drain — narrowing a culvert under Hedwig Rd. connecting the 2 Memorial villages from 36 to about 8 inches — effectively turns Hunters Creek Village into a stormwater storage facility for its downstream neighbor. Piney Point Village officials claim the restrictor prevents Hunters Creek from draining more water from Kemwood Dr. through the new culvert than the 2 municipalities had originally agreed upon. Rainstorms on January 9th and 25th flooded Kemwood with 4 ft. of water, which backed up into residents’ yards. Hunters Creek’s second lawsuit calls the narrowing of the culvert “deliberate sabotage” put in place to force the city to sign off on a drainage study. [Memorial Examiner] Photo of Kemwood at Hedwig Rd.: Rusty Graham

03/13/12 11:35am

Neighborhood residents hoping to weigh in on the details of the proposed settlement announced 2 weeks ago in the lawsuit filed against the city of Houston by the developers of the proposed Ashby Highrise were greeted at last night’s meeting with Mayor Parker with news that the agreement had already been finalized. The settlement requires the city to approve and permit a 21-story mixed-use tower at 1717 Bissonnet St., as long as the predicted traffic it generates meets a few prescribed limits. The agreement also puts a few restrictions on traffic flows in and out of the building on separate driveways facing Bissonnet and Ashby St., and requires developers to build an 8-ft. fence and camouflage the 5-story parking garage behind it with greenery where the building backs up against homes on its south and east sides. Also included: some lighting and noise-mitigation requirements, and a free morning and afternoon weekday shuttle service for the project’s future residents to and from the Med Center.

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03/09/12 12:27pm

A few homeowners in Katy’s Nottingham Country subdivision have now filed 2 separate lawsuits against Kickerillo Company, Inc. — the successor company to the firm that originally developed the subdivision in the 1970s. In 2010, Kickerillo transferred a strip of land along the southwest side of Mason Creek to the Harris County Flood District; the agency plans to build a 10-ft.-wide, $3.25 million trail along the waterway. The trail would allow bikers and hikers a clear path from the Kingsland Park & Ride on I-10 near Mason Rd. to George Bush Park. In a couple of news reports covering the controversy last year, Harris County Commissioner Steve Radack declared that the land along the waterway, which passes beyond the backyard fences of many Nottingham Country residents, now belongs to the county. A county attorney said that homeowners’ claims to the property resulted from a “misreading” of the plat.

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03/02/12 5:32pm

In a letter sent to Southampton residents, Mayor Parker says she is recommending that the city settle the lawsuit filed against it by the developers of the proposed Ashby Highrise. “Unfortunately, the city has no legal basis for stopping” the building from being constructed, she writes: “Even success in the courtroom in the City’s litigation against the developers . . . would not halt the project, since the developers would still be able to proceed with their current permit application, which mirrors that which the city was compelled to approve in 2009.”

Instead, Parker writes that the settlement will allow the city to “ensure some control” over certain aspects of the multi-story residential tower: “It will also eliminate any possibility that the developers can build a project as large as that sought in 2007, or that the City may be subject to damages for its failure to approve that permit applications, either of which can happen if the City loses the current litigation.”

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02/17/12 1:11pm

According to an attorney for a woman who was raped and sodomized for more than 12 hours in her second-floor apartment in the Promenade Cullen Park 3 years ago, managers of the apartment complex just west of the Addicks Reservoir had in fact sent out a notice to residents after a through-the-balcony break-in of the unit next door to her 2 weeks earlier. However, it was “the same warning that they would send out if a bicycle was stolen off a balcony or a TV was stolen out of an apartment,” attorney Troy Chandler tells the Houston Chronicle. “The notice failed to mention that a burglary occurred, that the assailant waited inside, that a tenant was attacked and that there had been an attempted rape.” After that incident but before she was raped, the woman renewed her lease on the apartment — without being informed about the nature of the attack, according to her attorneys.

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