Ashby high

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A home displays a sign against a development looking to turn an empty lot into a 20 story high rise in the neighborhood of Boulevard Oaks / Southampton near Rice University on Saturday, March 4, 2023 in Houston.

The Langley is expected to feature a classic design style taking cues from the nearby Rice Univeristy with brick colors and columns.

Just when the 16-year battle over the proposed Ashby high-rise site in Boulevard Oaks appeared to drawing to a close, opponents have filed a lawsuit that again puts the fate of the project into question and reopens one of the most contentious land-use cases in Houston's history.

Neighbors of the proposed high-rise at 1717 Bissonnet filed a lawsuit in Harris County District Court on Friday asking a judge to decide if the project is following rules set in a 2012 agreement between the city of Houston and the developer of what was then known as the Ashby. If the judge sides with neighbors, the project could be halted, sending current developer, Dallas-based StreetLights Residential, back to the drawing board and delay further construction of the high-rise, now named the Langley.

City officials and StreetLights representatives were not immediately available for comment.

In the past couple months, StreetLights secured building permits from the city of Houston for the project, which includes a 20-story tower. StreetLights Residential says its project is a less dense alternative to the original Ashby plans. In recent weeks, construction vehicles and other equipment were at the site, at Ashby and Bissonnet.

RELATED: As residents push for control, Ashby high rise battle highlights oft-overlooked state grandfathering law

At the root of the neighbors' lawsuit is an agreement known as a restrictive covenant, which specifically outlines what can be built on the property, including details about its density and size.

StreetLights argues its revised plan adheres to the restrictive covenant, but opponents say there are too many discrepancies. A key point of contention is the size and layout of a pedestrian plaza, which opponents say differs too much from the proposal outlined in the covenant.

They argue that the plaza is about 20 percent smaller than what is required, and that the layout of the plaza would encroach on the city's right-of-way — eating into public sidewalks and streets, said Pete Patterson, the attorney representing the neighbors.

StreetLights maintains that its design for the plaza is actually bigger and better than the 2012 plan.

A rendering of The Langley as seen from Bissonet Street.

Previously StreetLights has said its new plan would reduce density and traffic because the Langley would featuring fewer units, one fewer floor on the tower and wouldn't include a ground-level restaurant. The changes from the original plans, however, haven't satisfied many neighbors.

"Our original hope was that a developer would come along to do something that would be fitting in the neighborhood" such as a lower rise set of town homes, said Penelope Loughead, 69, a plaintiff in the new lawsuit. "You can say it's one story less, but big deal. Besides being totally out of context in this community of two-story homes, I’m very concerned about the effect of the density on this little tiny street."

Loughead was part of the original group of neighbors who in 2013 sued to block the the Ashby. Although that suit was unsuccessful, neighbors say they have a strong case against the Langley design.

"What gives me hope and why we’re still in this right now is we have the backing of a lot of neighbors here," Loughead said.

PODCAST: Why we're still talking about the Ashby 16 years later

The retired social worker has lived in the Boulvard Oaks neighborhood since the late 1980s, and appreciated how the residents maintained the quiet character of the streets. As the Langley is currently designed, Loughead — along with plaintiffs Jeffrey and Yennhi Hill — say the project's 75-foot high concrete garage would be built just 11 feet from their property lines, according to the lawsuit. Loughead worries about her grandson and her neighbor's children playing in backyards so close to a construction site.

Since the original Ashby project was pitched, the city has adopted updated rules requiring greater spacing between high-rises and residential properties. But StreetLights contends it does not have to follow those rules because its project could be grandfathered under the old rules under the state's vested rights law. StreetLights said, however, that it plans to follow current building codes and is building a modern stormwater detention system.

"We’ve gone beyond what was required for these permits ... and we’re doing things that we’re not required to do because we think it's the right thing to do," Stephen Meek of StreetLight's residential previously told the Chronicle.

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