Austin/ Real Estate & Development
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Published on April 01, 2024
South Austin Homeowners Win Legal Round Against Dallas Developer Over Housing Density DisputeSource: Unsplash/Tingey Injury Law Firm

A Texas showdown is brewing between homeowners and a developer in the courts over housing density in a South Austin neighborhood. Travis County District Judge Madeleine Connor's recent ruling in favor of residents may be just the opening salvo as more arguments are set to take the stage, according to Austin Monitor.

Attorney Bill Aleshire, representing a group of homeowners in the Elmwood Estates subdivision, is entrenching in a legal battle against Cliffhanger Development, a Dallas-based company with its sights set on an eight-house project on a single lot—a stark contrast to the two-per-lot cap dictated by longstanding deed restrictions. "Austin’s H.O.M.E. Ordinance would allow him to build 36 housing units," Aleshire said, as per Austin Monitor, pointing to what he suggests is a legal loophole being exploited by the developer.

Despite the victory lap for homeowners, Judge Connor has hinted at a potential complication. The court is poised to deliberate whether the residents effectively waived their right to contest the expansion by not objecting to previous developments. Such a finding could undercut the residents' recent win, leaving the door open for more dense housing development in contradiction to the original deed stipulations.

In the mix of legal proceedings, it's been noted by Aleshire that the City of Austin takes a backseat in enforcing deed restrictions, placing the onus on property owners to be vigilant over their applicability and to take legal action if necessary, as reported by Austin Monitor. The implications are far-reaching, potentially affecting homeowners not just in Elmwood Estates, but across the city where similar covenants exist.

Austin-Real Estate & Development