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ARTICLE · 24 JUNE 2014

Not In MY Backyard: Houston Case Signals Increasing Challenges To Development

Reed Smith
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No zoning, no problem? Think again. The Houston real estate market has seen an escalation of commercial, mixed use, and residential projects.

United StatesReal Estate and Construction
Micheal A. Sanchez
Micheal A. Sanchez
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The Houston real estate market has seen an escalation of commercial, mixed use, and residential projects. This upturn in overall development activity has been met with increased scrutiny by community groups. At the same time, the proliferation of social media has lowered the barriers to organizing coordinated opposition to development, culminating in litigation in some instances.

Recently, a group of Houston homeowners was awarded approximately $1.2 million in loss of property value damages for private nuisance against a developer of a twenty-one story multi-use development known as the Ashby High Rise. Penelope Loughhead, et. Al. v. 1717 Bissonnet, L.L.C., Cause No. 2013-26155, 157th Judicial District, Harris County, Texas. The homeowners also sought to enjoin the developer from proceeding with construction of the project. However, the court determined that:

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