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