Dinerstein Cos, preparing to start a 40-story tower at San Felipe and Post Oak, filed a preemptive lawsuit against the homeowners of the luxury high-rise Cosmopolitan. The lawsuit seeks to have a judge declare the HOA doesn’t have standing to assert action “based on alleged violation of city ordinance,” the Houston Chronicle reports.
The HOA wants the building to be half as tall and 100 feet farther away from its own 22-story building. One key issue will be a temporary use and aerial encroachment easement agreement signed by both parties in 2006, allowing the Cosmopolitan to use land above the disputed property to build its high-rise in exchange for the same should the other party choose to build a high-rise of its own.
Pictured: Dinerstein's first Uptown multifamily, which opened nearby in 2013 as Millennium Uptown and is now the AMLI Uptown. Dinerstein also has Millennium High Street. [Chron]
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