ASHBY HIGHRISE DEVELOPERS DROP NAMES, MOVE TO DISTRICT COURT 
What do the Fairmont Museum District, La Maison on Revere, Millennium Greenway, and 2121 Mid Lane apartments, the Medical Clinic of Houston, and the trigger-happy Sonoma development in the Rice Village have in common? They all make cameo appearances in the latest version of Buckhead Investment Partners’ lawsuit against the city of Houston. The claim: that none of those projects were subjected to the same traffic restrictions as Buckhead’s proposed 23-story tower on the corner of Bissonnet and Ashby, next to Southampton: “The Ashby high-rise developers re-filed their lawsuit April 7 in state district court, where it will focus more heavily on claims the project was denied permits for its original design because it was subjected to ‘capricious and unreasonable’ standards.
Court documents submitted by attorneys for the Buckhead Development Partners, show the suit against Houston continues to center on the city’s application of the driveway ordinance as a basis to refuse a final building permit.
The city has said it is correct in its application of the ordinance and the inclusion of ‘trip-count’ standards to guarantee safety and ensure streets in the neighborhood remain passable.” [River Oaks Examiner; previously on Swamplot] Rendering: Buckhead Investment Partners
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Tag: 77005
A spokesperson for Buffalo Grille parking-lot tenant H-E-B confirms that the popular West U brunch-and-lunch spot will be moving from its current location on Bissonnet at Buffalo Speedway after its lease expires next year, “to a new location yet to be determined.” But one possible new location for the Buffalo Grille — a portion of the former JMH Market on Rice Blvd. — was just snapped up by the owners of Thompson + Hansen Nursery and Tiny Boxwood’s. The Buffalo Grille’s John McAleer tells the West University Examiner
“Right now…pickings are very slim. Any vacant space in the West U area, or the closest you can get to it, we’re looking at it. We have a year left, and we’re looking at that perfect location to find.”
How awkward: McAleer’s parents, Mac and Betty McAleer, “are part of the management team that owns the land on which the Buffalo Grille and H-E-B are situated,” the Examiner‘s Charlotte Aguilar and Steve Mark explain. And Molina’s Restaurant — displaced from the shopping center a few years ago when H-E-B redeveloped it — is still looking for its own replacement West U location.
Remember that fun feud between a few residents of the 2520 Robinhood at Kirby condominiums and the tiny bar directly to its west? Well, now it looks like there’s a brand new bar getting ready to open directly to the tower’s east!
When last we left the 16-story Rice Village condo tower, residents had been placed under a court order prohibiting them from “running or pouring water or any other liquid” and “throwing any object whatsoever” onto Hans’ Bier Haus — after the bar’s owners complained to district court judge Patricia Hancock about an ongoing liquid and projectile campaign mounted against their partly open-air establishment by its eastern neighbors. (For good measure, the judge similarly prohibited the proprietors of the courtyard bar from trespassing on or “interfering with [residents’] peaceable use and enjoyment” of the condo building next door.)
But just as the legal and dousing action on the tower’s west side appears to have subsided comes the prospect for more neighborly interaction on the tower’s east: From Swamplot’s tip line we find these photos of another small building directly adjacent to the tower. What’s that new sign posted on the front window?
The West University Examiner‘s Steve Mark reports that the owners of the Thompson + Hanson Nursery and the adjacent Tiny Boxwood’s cafe on West Alabama are expected to buy the former JMH Market building at the corner of Rice Blvd. and Edloe. The company’s new West U retail location might include a café and nursery:
Gregg Thompson of Thompson + Hanson, says upon completion of financial arrangements, he hopes to open doors at the JMH location within six months. Thompson is mulling over varied plans for the available 7,000 available square feet of the property. Texas Citizens Bank occupies a portion and has use of parking. . . .
Thompson is inclined to open a variation of his Tiny Boxwood’s theme. The current structure on Edloe would remain the same, he said.
- Thompson + Hanson, Tiny’s may be coming to JMH site [West University Examiner]
Photo of former JMH Market, 3636 Rice Blvd.: West University Examiner
THE OLD REDS OF WEST UNIVERSITY 
A little seagrass, a few new slipcovers, a plate on the wall — Joni Webb brings a house on Albans Rd. up to date: “The dining room was formerly painted a deep red – typical of most West U homes decorated in the 90s. We repainted the upper half a deeper aqua found in the family room, leaving the wainscot painted white. The owner waited to use her table, chairs and buffet – which were a dated dark reddish brown stained wood. We had these pieces painted a distressed gray to be more in keeping with the lighter wall color.” [Cote de Texas]
Must be tough out there for a little old 1940 cottage in a rough-and-tumble teardown town like West University Place. And so we have this elective-surgery survivor, which showed up on the MLS just yesterday. The listing mentions a 2002 Kitchen update, a roof dating from 2007, and new bathrooms in 2009. HCAD lists a renovation in 2001. Would never have guessed you had work done, really! You look fabulous!
Okay, we’ll show you a few pics of the inside. But really, you’ve already seen the best photo.
Meanwhile, in West U:
The Gami family purchased the lot directly behind their own house to transform it into a new backyard, and they said they wanted to somehow give back to the community in the process. That’s when they decided to donate the old cottage in the 4200 block of Byron Street to the fire department for a few weeks before demolishing the house. . . .
The training at the Byron Street house has been so lifelike it has garnered attention from many residents on the street. Henry Stelzig, who lives right next to the house, said he thought it was a real emergency, and he wished firefighters would have notified neighbors not to worry.
“We were alarmed because, gosh, they had two ambulances out here, they had two fire trucks, they had everything,†Stelzig said. “We thought the house was on fire.â€
COMPLETING THOSE WEST U FINAL INSPECTIONS Covington Builders will get to keep its license to build in West University after all. Ten homes the homebuilder had constructed since 2000 had never received occupancy permits from the city, but they’ve got ’em now. At issue on 7 of those homes: tree inspections. “‘They went to them and were able to determine what trees were there, measured the inches. I gave him some credit for some of the growth inches that were there, over time,’ [Chief Building Official John] Brown said. ‘He paid the tree trust the balance of money that was owed, which closed out his cases.’ Covington paid about $8,250 to the tree fund for the 82.5 tree inches that were missing on the seven outstanding properties. Before completing all the inspections, the city had estimated that Covington owed $10,300 to the tree fund.” [Instant News West U; previously on Swamplot]
THE COMING MIGRATION OF THE BUFFALO GRILLE? Is the Buffalo Grille, left as the lone strip-center survivor at the corner of Bissonnet and Buffalo Speedway after the recent invasion of the new H-E-B Buffalo Market, looking to shuffle off to a new location? An H-E-B representative did tell the West U city council the restaurant would stay where it’s been for the last 26 years — but that was last May. More recently, restaurant co-owner John McAleer says H-E-B managers have “expressed concerns” about there not being enough parking for the grocery store. So he’s looking into a possible new location for the West U breakfast joint — namely, a portion of the former JMH Market less than a mile to the southwest, at the corner of Edloe and Rice Blvd. “McAleer said the restaurant has not received official word from the grocery store about what will happen in April 2011 when its lease expires. There’s still the chance that The Buffalo Grille will stay put, but the family is exploring all its options . . . ‘They’re worried some of our customers are taking their spots, and their customers are going over to Kroger, which is obviously their biggest competitor,’ he said.” [Instant News West U; previously on Swamplot]
Things have slowed down a bit in the West University Place building department: Only 20 new homes were permitted in the city last year. What to do with all the free time? Chief building official John Brown used some of it to pore over city records . . . and make a small discovery: Out of a grand total of 938 new homes built in West U this decade, 39 of them never received certificates of occupancy.
Instant News West U‘s Angela Grant reports that’s not so much of a problem yet for 5 of those homes — they were built in 2008 and haven’t sold. But what about the others?
Of the 34 homes that should legally have certificates, 14 homes — 41 percent — were constructed in 2000. Twenty-seven homes, or 79 percent, were constructed before 2005, when the city says the building department began professionalizing operations with the addition of key staff members.
How’d all this come up?
COMMENT OF THE DAY: ASHBY HIGHRISE GAME ON “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.” [Fatt Fistery, commenting on Ashby Highrise Lawsuit: It’s On!]
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]
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:
Julia, the chicken who patrolled the parking lot and schmoozed with patio diners for many years at the Raven Grill at 1916 Bissonnet near Hazard St., passed away earlier this month of natural causes, a reader informs us. “We don’t know where she came from,” reads a note posted on the restaurant’s website, “only that she was a sweet bird who liked people and that she simply made us happy each time we saw her.”
Frequent diners of the Southampton-area restaurant have sent in their own website tributes to the “friendly and fearless” bird, who apparently exhibited much social grace in her daily appearances and egg-laying demonstrations for small impromptu gatherings of children, even while patrons devoured the carcasses of distant relatives only a few feet away:
She may have been ‘just a chicken’ but I watched Julia single-handedly form new friendships between diners. She was a tough, little city chicken. RIP Julia.
And:
RESTAURANT-GARAGE COMBO ON WESTPARK PUT ON HOLD Some unspecified “complications” in continuing negotiations have stalled plans for a brand new 2-story Molina’s Restaurant and parking garage on a West U-owned lot on Westpark, between Wakeforest and Dincans streets, a city council member tells reporter Angela Grant. “The building would have included a parking garage for Goode Company Seafood, which currently leases the land for its parking lot. Goode Company pays West U. about $4,300 per month for rent. The agreement expires in just over three years. The terms of the agreement with [developer Mike] Gallagher provided for a 15-year primary lease, with options for five more 5-[year] renewals. The Molina’s rent would gradually increase from $7,000 per month to $15,373 per month.” [Instant News West U]