Houston Matters

Court Overturns Damages Ruling in Ashby High-Rise Case: What It Means for Homeowners and Developers

Last week (June 30, 2016), a state appeals court overturned a ruling pertaining to the fight over the so-called Ashby high-rise, a proposed residential tower near Rice University that’s been at the center of a conflict for several years. In 2013, a jury ruled that if the project were built, the developer — Buckhead Development […]

The vacant lot where developers want to build the controversial mixed-use development known as the Ashby high-rise. Photo: Michael Hagerty, Houston Public MediaLast week (June 30, 2016), a state appeals court overturned a ruling pertaining to the fight over the so-called Ashby high-rise, a proposed residential tower near Rice University that's been at the center of a conflict for several years.

A sign opposing the so-called Ashby high-rise development. Photo: Michael Hagerty, Houston Public MediaIn 2013, a jury ruled that if the project were built, the developer — Buckhead Development Partners — would have to pay homeowners in the immediate area damages of around $1.7 million. However, the Fourteenth Court of Appeals on Thursday reversed that ruling, essentially saying that damages couldn’t be awarded for a “nuisance” that doesn’t even exist yet.

Joining us to explain what it all means – for both homeowners and the developer – is Matthew Festa, professor at Houston College of Law (formerly South Texas College of Law).

(Above: The vacant lot where developers want to build the controversial mixed-use development known as the Ashby high-rise. At Right: A sign opposing the so-called Ashby high-rise development. Photos: Michael Hagerty, Houston Public Media.)

MORE:
Court of Appeals Rules in Favor of Ashby High-Rise Developers (Houston Chronicle, July 1, 2016)
Jury in Ashby High-Rise Trial Sides with Residents (Houston Chronicle, Dec. 17, 2013)

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Michael Hagerty

Michael Hagerty

Senior Producer, Houston Matters

Michael Hagerty is the senior producer for Houston Matters. He's spent more than 20 years in public radio and television and dabbled in minor league baseball, spending four seasons as the public address announcer for the Reno Aces, the Triple-A affiliate of the Arizona Diamondbacks.

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