TEXAS – Battle heats up over proposed tower in Uptown

HOUSTON CHRONICLE:  Battle heats up over proposed tower in Uptown
By Nancy Sarnoff
March 23, 2016

A Houston developer has filed a pre-emptive strike against the owners of a luxury high-rise near the Galleria to head off an “inevitable lawsuit” over its plans to build a tower next door.

 “We’re a little bit in shock,” said Karen Brown, president of the Cosmopolitan Condominium Association, which is now a defendant in a lawsuit filed by the developer this week in Harris County.

Brown said Wednesday that her group met with the developer, Dinerstein Co., several times to discuss homeowners’ concerns over the size of the proposed tower, its proximity to their own 22-story building, and related traffic and safety issues. She said the association wants the building to be half as tall and 100 feet farther away.

“They want to build a 40-story building 10 feet from us,” Brown said. “We think that’s unreasonable.”

But she said she was surprised to learn that the owner of the lot next door, an affiliate of Dinerstein Co., had filed suit against her group.

The dispute concerns a proposal to build a high-rise condo on the northwest corner of Post Oak and San Felipe, adjacent to the Cosmopolitan, 1600 Post Oak Blvd. The developer purchased the 1.5-acre parcel, currently a shopping center, last year.A Houston developer has filed a pre-emptive strike against the owners of a luxury high-rise near the Galleria to head off an “inevitable lawsuit” over its plans to build a tower next door.

 The dispute concerns a proposal to build a high-rise condo on the northwest corner of Post Oak and San Felipe, adjacent to the Cosmopolitan, 1600 Post Oak Blvd. The developer purchased the 1.5-acre parcel, currently a shopping center, last year.   In its lawsuit, the developer is asking for a declaratory judgment prohibiting the homeowners association from asserting a nuisance claim for the construction of the tower. It also wants a judge to declare that the association does not have standing to assert an action “based on alleged violations of city ordinances.” Attorney’s fees are also being sought.  Read more:

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