A Dallas County judge indicated reluctance to overturn a city council zoning vote related to a proposed $200 million redevelopment at a North Dallas shopping center.
Judge Martin Hoffman said without evidence was "arbitrary and unreasonable", the plaintiff would be unlikely to win at an appeals court level.
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WATCH HEREThe Save Pepper Square Neighborhood Association sued the city of Dallas and the developer New Pepper Square, last October.
This week, attorneys for the neighborhood group filed an amended pleading requesting a temporary restraining order.
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SIGN UP Attorney Austin Smith said during a hearing Friday, the request should be granted because the proposed redevelopment would hurt property values of surrounding neighborhoods, and that the city council and city plan commission engaged in "spot zoning."
Spot zoning is considered the rezoning of a piece of property in a way that doesn't conform to the land uses in the area that surrounds it.
"Obviously, the court noted it’s a high burden, but there’s a limit to what the city can do," Smith said after the hearing. "And if we don’t stop them and try to set precedent and say ‘Hey, city, there is some boundaries and you can’t just cross them’, they’re going to do the same thing at Pepper Square to another neighborhood.”
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Pepper Square opened on the southeast corner of Preston Road and Belt Line in 1977.
Attorneys for New Pepper Square said granting a TRO would add $290,000 per week in costs to a project the developer has already started after city council approval last month.
"I'm surprised this came back," Hoffman said before attorneys presented arguments on the merits of the request for a temporary restraining order.
A hearing is set for Wednesday, April 30, at 9 a.m., where a ruling is expected.
