Penelope Loughhead, et al. v. SLRTX Bissonnet Constr., LLC, et al.; in the 157th Judicial District Court of Harris County, Texas

In a long-running legal saga spanning over 15 years, multiple lawsuits erupted in both state and federal courts over a developer’s plan to construct a multi-million dollar high-rise building in an affluent Houston neighborhood dominated by single-family homes. The project, initially known as the “Ashby,” was met with strong opposition from some neighboring residents. As a part of resolving these cases, the developer and the City of Houston entered into a settlement agreement, outlining restrictive covenants to govern future construction of a high-rise building on the property.

Fast forward to 2022, and 1717 Bissonnet PropCo LLC (“PropCo”), the new property owner, secured approval from the City of Houston to proceed with a new high-rise development named “The Langley.” This design differed from the Ashby, offering a fresh approach to the development. However, a group of homeowners in the vicinity, still dissatisfied, initiated a lawsuit in an attempt to halt The Langley’s construction. Their claim rested on an argument that the Langley’s plans did not adhere to the restrictive covenants established in the earlier settlement agreement, and they argued that the project constituted a nuisance under Texas law. In response, PropCo retained Beck Redden to protect its right to construct The Langley in alignment with the City of Houston’s approval. Beck Redden prepared and argued a motion to dismiss the plaintiffs’ claims for a variety of reasons, and the trial court granted the motion to dismiss in September 2023. The plaintiffs chose not to appeal, so the litigation is finally over. This marks a significant and swift victory for our client, allowing the development to move forward without further delay.

The Beck Redden team included trial partners Fields Alexander and Matthew Whitley, along with Joel Towner.