Far North Dallas development dispute heading to trial
Dallas development dispute heads to jury trial
There's a legal case brewing in Dallas over zoning laws. Homeowner suing the city could set a precedent with their lawsuit.
DALLAS - The contentious case pitting some members of a neighborhood against a proposed apartment tower in Far North Dallas is now set for trial by jury.
Dallas Development Dispute
What's new:
Judge Martin Hoffman announced that the city of Dallas, the Pepper Square developer, and a neighborhood group all agreed to have a trial by jury.
That trial is now set to happen on Oct. 6.
The backstory:
On one side of the debate is a developer who wants to turn his aging shopping center near Preston and Belt Line roads into an 11-story mixed-use apartment complex.
On the other side are homeowners who argue an apartment tower is out of character with the suburban section of town. They worry it will lead to even more traffic congestion and a loss in property values.
Last month, the Dallas City Council approved a zoning change to allow the development.
But the homeowners filed a lawsuit alleging that the city committed what’s called "spot zoning." That’s when a city council approves a zoning change that’s out of character with the area.
Residents ask court to halt Pepper Square development
Neighbors have called for a temporary restraining order on the proposed 11-story development in Far North Dallas.
What they're saying:
Appellate attorney David Coale explained that the claim in this case is that the city violated its zoning authority through a concept called "spot zoning."
"And Texas law doesn’t like that, because the idea that you have one comprehensive plan is really important for a lot of things that involve real estate in our society," he said. "Because if you start doing a little bit of it, then the whole idea of having a comprehensive plan just goes out the window."
What's next:
Coale said jury selection in this case will be important.
Attorneys will be looking for opinions about the government as well as homeownership.
Coale said that since there is not a lot of case law on spot zoning, this could set an important precedent.
The case will likely have a jury of 12. But in a civil case, they would not have to be unanimous. Ten in agreement would be enough for a verdict.
The Source: The information in this story comes from Friday's court hearing regarding the Pepper Square development dispute.