Legal Commentary

Cooling heads over the Ashby high-rise

By Tom Kirkendall

So, Mayor White has figured out that his ostentatious initial position and statements regarding the proposed Ashby high-rise project weren't such a good idea, after all:

The city risks exposing itself to a "takings lawsuit" if it passes a new restrictive ordinance after the Ashby developers submit permit applications or site plans, Festa explained. The developer could argue that the city changed the rules after the fact, taking away value from their property.

White acknowledged that problem Wednesday.

"There are some legal doctrines that you can't change the rules in the middle of the game, once somebody has filed certain things," he said.

Well, better late than never that Mayor White has realized that it's not a good idea to change the rules in the middle of the game on businesspeople who are risking millions of dollars in developing real estate.

As noted earlier here, the key issue with regard to the Ashby high-rise is not increased traffic generated by the project, which is nominal. Rather, the key issue is the scale of the project in relation to the rest of the surrounding neighborhood. That's what should be the focus of the debate over the new ordinance. Clear Thinkers' favorite Houston urban policy wonk -- Tory Gattis -- agrees.

Full post as published by Houston's Clear Thinkers on February 15, 2008 (boomark / email).