WILSHIRE VILLAGE OWNERS SAY NEVERMIND ABOUT THAT LAWSUIT Those plot twists just keep twisting! The owners of the former Wilshire Village Apartments at the corner of West Alabama and Dunlavy have dropped the lawsuit they filed at the beginning of this month — the one that claimed their about-to-foreclose lender, Wedge Real Estate Finance, interfered with the owners’ attempts to sell the now-vacant 7.68-acre property. Why? Explains a source: “Whether that is because the claim became moot, or was settled, is unknown.” Of course, they can always refile later! [Swamplot inbox; previously on Swamplot]
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Neighborhood Disputes
More than 700 of the abandoned or problem properties documented and written up by the Houston Police Dept.’s Neighborhood Protection Corps over the last 3 years belong either to the City of Houston or Harris County agencies, reports 11 News reporter Jeremy Rogalski. Approximately half of those properties are located in 4 not-so-fancy Zip Codes — 77016, 77026, 77028, and 77051 — three of which are in the northeast area of the city.
One piece of the problem: those tax-delinquent properties the county puts up for public auction:
. . . if they don’t sell, it becomes the county’s obligation to maintain them. But [Harris County Facilities & Property Management Chief Administrative Manager Jim] Lemond admits, the county can’t even check them all.
“We have two inspectors whose primary function is to do many other things and not this,†Lemond said.
As for the violations the city writes, there’s another problem: The county claims for years, the city never told it about the violations.
“No that’s not acceptable. Obviously that’s not acceptable,†Lemond said.
He added that his office was puzzled when the city did send over a packet of violation notices in June 2009.
“What are these, and where did they come from and what’s this all about,†Lemond recalled of his reaction.
But Montecella Flaniken, Assistant Director of Field Operations with Neighborhood Protection Corps, maintains the city had been routinely e-mailing the county of violations all along.
- Hundreds of crime-ridden, eyesore properties owned by city of Houston, Harris County [KHOU.com, via BlogHouston]
Graphic: KHOU.com
Wilshire Village rubberneckers: Pull on over; you are in for quite a treat! The gift that keeps on giving — the tragicomedy of real estate errors at the corner of West Alabama and Dunlavy in Montrose — has come through with another rich round of jaw-dropping twists. It’s up to us to recount and gawk.
We’re still combing through documents filed in the recent lawsuit for more goodies. But a reader who’s a few steps ahead of us has dug into them already and found these gems:
The property has been appraised at $26.8 million. Alabama & Dunlavy (“the partnershipâ€) claim that they were jerked around by Wedge [Real Estate Finance, LLC] as follows:
At the instruction of Wedge, the partnership demolished the buildings on the property. They did this in an effort to prepare the site for development and increase its value by “millions of dollars.†Wedge demanded that this be done because Wedge purchased the Amegy $10 million loan, held the $3 million Wedge loan, and wanted to foreclose. Wedge allegedly stated that if the partnership demolished the buildings and increased the value of the property, Wedge would work with the partnership to avoid foreclosure.
So, the partnership – at great expense – “evicted squatters†and demolished the buildings. But, alas, Wedge decided to foreclose on the partnership and also seize $1,000,000 the partnership held in an amegy account that the partnership planned to use to help fund development.
Among the juicy tidbits…
What? There’s more!?
Swamplot is hearing a couple of unconfirmed items about Wilshire Village, the 7.68-acre site at the corner of West Alabama and Dunlavy that’s sat vacant since the 70-year-old yellow-brick garden apartment buildings long left to decay on the site were cleared of their pesky tenants and torn down last year.
First comes a source telling us that on February 2nd the property was somehow foreclosed on — despite the fact that the the owner of the property, an entity called Alabama & Dunlavy Ltd., declared bankruptcy back in November for the apparent express purpose of avoiding such an event.
The next item is even more fun: There’s a lawsuit!
A loyal Swamplot tipster alerts us to a copy of a letter that appeared on a neighborhood email list late last week. The letter is signed by Mark Thuesen, president of the condominium association at the 2520 Robinhood at Kirby condos. Loyal Swamplot readers, of course, will recognize that name — Thuesen is one of 3 condo residents named in a lawsuit by the owners of Hans’ Bier Haus, the little outdoorish bar that’s next door to the 16-story Rice Village residential tower. The lawsuit claims that Theusen and 2 others attacked patrons at the bar several times, throwing beer cans, bottles, and eggs at them from above, as well as spraying performing musicians with water.
Unsurprisingly, Thuesen does not specifically mention those allegations in his letter, which we presume is meant for fellow condo residents. But he is kind enough to include a copy of the temporary injunction handed down by Judge Patricia Hancock last week, which specifically prohibits Theusen [sic], 2 codefendants, and all residents of 2520 Robinhood from “throwing any sort of object whatsoever” or “intentionally running or pouring water or any other liquid upon” Hans’ Bier Haus.
Thuesen does, however, draw attention to the now-famous incident on December 13th of last year, in which Hans’ Bier Haus co-owner Bill Cave stormed into the condo lobby and dragged the concierge by his tie into an elevator — on a quest to turn off the water that was spraying onto bar patrons and musicians from a hose connected to the patio of an upper-story condo resident:
A reader writes in to complain about the not-quite-complete renovation of the former Sterling Bank building overlooking I-45 South at 4600 Gulf Fwy. The building was stripped down to its structure and is being reborn as the largest Planned Parenthood administrative headquarters and healthcare facility in the nation.
Is anyone else really bothered by the fact that on the stair-stepped portions of the curtain wall the spandrel glass doesn’t line up with the spandrels on the rest of the building? I mean if you’re going to design a facade that’s all about geometry, shouldn’t the geometry work? There had to be better ways to do this, really.
A close-up view:
MORE OF THE STORY OF THOSE DISAPPEARING OAK FOREST OAKS 
“My neighbor lived in what you would consider a ‘tear down.’ For several years she struggled with selling and moving or rebuilding on the lot. A big factor in the decision was finding a builder that would keep the integrity of the lot and not cut down the gem – a 100 year old tree that is 4′ in diameter. She thought that she found the builder that respected the tree and had the same vision while simultaneous[ly] she found her dream home over in Garden Oaks. . . . Shortly after the transition, a family bought the lot and are ready to build . . . I have 2 neighbors including myself that would take this tree. I have till Friday to find an association that would underwrite this project and be interested in saving this tree.” [Kat Alan Madison + Austin; previously on Swamplot] Photo: HAR
When will the ongoing feud between Hans’ Bier Haus and the 2520 Robinhood at Kirby condos be optioned for television? Fortunately for the scriptwriters among you busy preparing your treatments, the tale of the little open-air bar in the Rice Village and the residents of the 16-story condo tower next door who like to pour water and heave beer cans, bottles, eggs onto its patrons isn’t just a simple melodrama. It’s a simple melodrama with a rich lineup of stock supporting characters. Reporter Angela Grant introduces a few of them in her report on yesterday’s court hearing:
The helpful concierge. Reggie McGowan, the condo-building concierge Bill Cave dragged by the necktie into the elevator on the night of December 13th, had no idea what was happening, and feared the angry and shouting Bier Haus co-owner was going to bring him up to the roof and throw him off:
When the pair exited the elevator onto the 4th floor, McGowan said he heard Cave say that water was spraying the bar and he wanted to turn it off.
“I said oh, I understand. I can take care of that,†McGowan said. “I had already picked up the hose Wednesday morning of that week.â€
The disgruntled former employee. Condo management company employee Alton Smith was fired on December 15th, after a confrontation with 2 of the 3 condo residents the lawsuit claims had been throwing items at the bar. Conveniently, both of those men — Mark Theusen and Richard Booker — “happen to serve on the condo association’s board of directors, which is responsible for firing decisions,” writes Grant.
The water that rained down on partygoers at Hans’ Bier Haus two nights earlier came from a hose that was connected to a spigot on a patio belonging to Robert Souders, the lawsuit’s 3rd defendant. But Smith told the court he had seen the hose in the same Bier-Haus-soaking configuration at least 2 times before that night. Writes Grant:
“Angry about his firing, Smith approached the Hans’ Bier Haus owners, told them what he knew about the incidents and he named the three defendants as the perpetrators.”
More bit parts that may soon be available:
Some neighbors of the Annunciation Orthodox School and cathedral in Montrose are not too happy about the institutions’ plans to build a parking lot on the site of an apartment complex at the corner of Yoakum and Marshall it tore down a year or so ago. But Clifford Pugh suspects even more pavement may be on the horizon:
Even though the lot is prohibited under the deed restrictions, representatives from the school told residents at a meeting last week they plan to proceed anyway. “Our interpretation is that the deed restrictions are not valid and not enforceable,†a school official said.
Actually, the deed restrictions allow the school to petition residents for an exemption. But that would set a precedent I believe the school doesn’t want to acknowledge. It owns several other homes in the area and I suspect officials are itching to tear them down in the future, too. Between the school and the church, they’ve already torn down the equivalent of a block-and-a-half of housing to make way for parking lots — but there’s always room for more.
Photo: Clifford Pugh
The long-simmering feud between Rice Village bocce bastion Hans’ Bier Haus and some residents of the 2520 Robinhood condo tower next door has reached the courts. The condo association and residents are now subject to a restraining order that forbids them from tossing “produce, water, or anything” onto the bar patrons below. Hans’ Bier Haus’s owners are seeking a permanent injunction and compensation for the damage and lost business caused by projectiles coming their way from the 16-story condos. And 3 Robinhood residents have apparently been planning their own civil lawsuit against the bar owners.
But as of today, the battle’s obviously become much more serious, as the story has found its way into . . . the newspaper! Writing in the Chronicle, Mary Flood adds a colorful account of a few details bar co-owner Bill Cave appears to have glossed over in the description he gave to the Houston Press — namely, how he wound up with a misdemeanor assault charge after a scuttled gig on that fateful December 13th:
The notable lifestyle advantages of taking up residence at 2520 Robinhood, the condo building off Kirby just north of the Rice Village: convenient shopping nearby, no lawn maintenance, plus . . . it’s so easy to tweak those pesky customers at the tiny little mostly open-air bar right next door!
“They have been tormenting us, basically, for the last five years,” Hans’ Bier Haus owner Bill Cave tattles to the Houston Press‘s Craig Malisow. How?
throwing eggs and roofing tacks; using a laser-sighted gun scope to train a red dot on various customers, thus freaking them out; throwing beer bottles and cans . . .
Sure, it sounds like a little fun nighttime activity from condo balconies above such an easy target. But do the merry residents of 2520 Robinhood realize the people they’re toying with have been . . . drinking?! Cave tells Malisow he’s “decided to file a lawsuit against every resident, because even if a particular resident didn’t take an active part in the war, they all were complicit” in the off-bar games.
Immanuel Lutheran Church has a signed contract to demolish its original sanctuary structure at the corner of 15th St. and Cortlandt in the Heights this summer. But art gallery owner and structural engineer Gus Kopriva wants to turn the 1932 building into an art museum instead.
Kopriva, who was involved in the recent renovation of the Heights Theater and owns Redbud Gallery on 11th St., is scheduled to present his concept to the church today. It would involve a long-term lease and a new nonprofit organization to raise money for the renovation, writes Allan Turner in the Chronicle:
“It’s been my long-term dream to create a Texas arts mecca,†Kopriva said. The museum, which he would call the Heights Arts Museum (HAM), would also house art archives, he said.
Backing Kopriva’s proposal are the Houston Heights Association and the Greater Houston Preservation Alliance, both of which have struggled to save the church, which is listed on the National Register of Historic Places.
- Museum idea could save threatened Heights church [Houston Chronicle]
- Previously on Swamplot: Immanuel Lutheran Church: Saved for Demolition Next Year, Can This Lutheran Church Be Saved?, This Week in Old Movie Theater Rehab
Photo of Immanuel Lutheran Church, 1448 Cortlandt St.: Flickr user dey37
GALLERIA POCKET PARK FIGHT ENDS WITH TIRZ REACHING INTO POCKET Twin septuagenerian veterinarians Jock and James Collins, whose property on the corner of San Felipe and Post Oak Ln. adjacent to BLVD Place was taken by eminent domain 2 years ago, settled their dispute with the city this past August after receiving a $990,000 payment from the Uptown TIRZ, reports Mike Snyder: “The amount of the settlement is less than the $1.4 million Wulfe offered the brothers for the property in 2006, an offer they refused because they wanted a lump sum rather than payments over several years. However, it’s more than twice the $433,800 that the city asserted the land was worth in December 2006, the agreed-upon date for settlement discussions, [the Collins brothers’ attorney, J. Cary] Gray said. The brothers contended the land was worth $1,012,000, Gray said. The Collins brothers, along with leaders of some government watchdog groups, contended the park was a pretext for providing a landscaped entrance to [Ed] Wulfe’s [Blvd Place] development at public expense. Documents obtained by the Houston Chronicle last year showed that the condemnation helped Wulfe close a $12.5 million land deal for a planned residential tower within the development, although plans for that project have been delayed because of the recession. [Mayor] White repeatedly denied that political considerations were a factor. The need for land to widen San Felipe wasn’t disputed, and White said it was a better deal for taxpayers for the city to take the entire parcel.” [Houston Chronicle; previously on Swamplot]
Hey, good one! Remember all those revisions Buckhead Investment Partners finally made to the Ashby High Rise plans — cutting out a bunch of the ground-floor retail space, enlarging the restaurant, and putting that big driveway loop on Bissonnet — so that the city might finally approve the Southampton-side tower? Yesterday the developers told the Chronicle‘s Mike Snyder they were really just part of an elaborate fake-out maneuver:
Between July 2007 and August of this year, city officials rejected applications for the project 11 times on grounds that traffic it generated would increase congestion on nearby streets to unacceptable levels.
In August, the city approved a 12th application after [Buckhead’s Matthew] Morgan and [Kevin] Kirton removed all the commercial uses except the restaurant and reduced the number of residential units. The developers said Wednesday that they changed their plans to test whether the city would approve their project under any circumstances, but never intended to build anything other than the project they designed in 2007.
Aw, c’mon: If you actually did go ahead and build the approved plans, that would be a great stunt too! But how did these fun-loving developers happen upon such a wacky strategy? Snyder provides some insight into their inspiration:
What are these Campbell Construction Company workers doing? Just building a fence down aways on Barron Ln. from their Missouri City office — in order to block the driveway belonging to their neighbor, Cesar Larias. Owner Jeff Campbell ordered the fence built after Larias refused to pay a $50 monthly fee to access his own garage.
Ten years ago, Campbell bought several parcels — one of which apparently includes Larias’s driveway and most of his front yard — from a tax auction. How’d they come up for sale? Channel 2 reporter Stephen Dean explains:
Court documents reviewed by Local 2 Investigates show that the original landowner who developed the entire neighborhood had divided off several of the strips of land in question, hoping to sell them separately someday if the government expanded Hillcroft Street down through the subdivision. That expansion never happened.
The original landowner died and Fort Bend County ended up selling the parcels of subdivided land at an auction on the courthouse steps because no one was paying taxes on those parcels anymore.
Until Campbell asked him and several neighbors to start paying a fee to access their own properties, Larias had no idea that his driveway and front yard did not belong to his family’s homestead. Alas, such appears to be the case.
Asked if he has considered selling the land back to the homeowners, Campbell said, “Yeah, but the amount they want to give for it, I don’t want to sell it for that. You see the situation that I’m in?”
Campbell insisted he’s not trying to gouge the neighbors or force them from their homes, although he admitted he may want to expand his nearby construction business.
“Well, my decision was to have them pay something to use it,” said Campbell. “I’ve been really above and beyond fair about it. I’m not trying to hurt these people.”
He admitted that it may appear heavy-handed for him to have placed a Dumpster across the driveway when the Larios family stopped paying for access.
Wait! How’d you reporter dudes find out about the Dumpster?
