Although the long-standing battle against the construction of the Ashby High Rise in Houston seemed to come to a close, as demolition has begun, the neighboring property owners have filed a last-ditch effort to halt the process. What’s their claim? As best as I can tell (I don’t have the complaint), it is based on an air/light nuisance:
A group of residents who live near the site of the high-rise planned for 1717 Bissonnet filed suit against the developer in state district court Wednesday, another attempt to stop construction of the 21-story building.
The seven plaintiffs say if the property is built it will cause harm to them and their homes. They are concerned about physical damage to surrounding structures and safety issues associated with construction.
They say the building would stand 260 feet above grade, “casting an enormous shadow over dozens of surrounding homes and blocking sun and rain from reaching the yards of neighboring properties.” The building would “make it impossible for certain of the plaintiffs to maintain their gardens,” as well as affect the privacy of the homeowners.
In any other city, a zoning board would have shut down this project before it even got started. But, in Houston, that’s not an option. Thus, only organized and well-to-do landowners can kick and scream to stop constructions. Here, after nearly 7 years, they lost.
Stay tuned for the next chapter in this never-ending land-use saga.