I was quoted in today’s Houston Chronicle about a hearing in the long-standing property dispute over the Ashby High Rise.
Josh Blackman, assistant professor at the South Texas College of Law, said the case is unusual because in all other respects, the building is considered legal. He said the judge’s instruction to the jury to determine whether the building was “abnormal and out of place” was also not a standard part of nuisance law.
“If, in fact, Ashby is a nuisance, the judge can’t permit them to build it,” said Josh Blackman, assistant professor at South Texas College of Law, who specializes in property law.
He said no matter the outcome, both sides will likely appeal.
“There’s no way ground will be broken on Ashby anytime soon,” Blackman said.
I’ll have more thoughts after the hearing, which is going on right now.