Neighbors shouldn’t get along like that.
The owner and operator of the Drury Plaza Hotel San Antonio Riverwalk is suing three companies involved in the construction of the Floodgate apartment project for entering the airspace of the hotel.
The lawsuit filed in the San Antonio District Court last week alleges a construction crane at Floodgate knocked down a 20-foot tree on the property of the hotel building on Feb.25. The tree hit a 24-foot glass hotel window – “potentially injured” employees and guests, the complaint adds.
Four days later, the hotel owner went to court and received an injunction against Floodgate developer Jordan Foster Construction LLC and Torre Crane LP. You have been instructed to cease and refrain from “invading the air” of the hotel property at 105 S. St. Mary’s Street.
On Monday morning, a motionless tower crane loomed over the Floodgate property across East Commerce Street from the hotel.
Jaay Neal, lawyer for plaintiff Alamo National Building Development LP, said Monday the parties were in the middle of negotiations to try to resolve the dispute.
“I hesitate to say anything to endanger this situation,” said Neal. He added that the restraining order is “quite costly” for the defendants and the hotel owner, which is why they are trying to resolve the dispute before a restraining order hearing, scheduled for next Monday.
On Monday afternoon, Olmos Park’s Floodgate developer Keller Henderson said the parties could sign an agreement that day.
A truck assembling the tower crane hit a tree in a priority town, he said.
“Of course we are keen to make every effort to make sure our neighbors are comfortable and safe,” said Henderson.
Representatives from El Paso-based construction services company Jordan Foster and San Antonio-based crane supplier Torre Crane did not respond to requests for comment.
The 16-storey Floodgate is to comprise 63 rental units and around 10,000 square meters of commercial space. It is being built next to the Esquire Tavern.
The developer planned to invest $ 43 million in the project. The construction work should be completed by March next year. The apartments should receive $ 3.9 million in incentives from the city.
The Drury Plaza Hotel is located in the 24-story Alamo National Bank Building, which was built in 1929. The building was listed on the National Register of Historic Places during renovations in 2005. The renovation kept some features of the lobby, including stained glass windows and marble walls and travertine floors. A rooftop pool was added as part of the renovation.
The building opened as a hotel in 2007.
The order signed by Judge Peter Sakai states that if the accused are not restrained, the hotel owner will “sustain irreparable harm”, including loss of use of property, liability of its employees and guests, and loss of repeat business.
“There isn’t much law or jurisdiction on it, despite … the fact that in practice it often occurs between neighboring property owners,” said Kellen Zale, law professor at the University of Houston. “There isn’t a law that would support,” No, you can’t get your crane into my airspace “in Texas or most other states.”
The allegations, if applicable, could reinforce the hotel owner’s harassment claims, Zale added. The lawsuit alleges that the defendants’ negligence “prevents material from falling outside the exterior walls if not effectively protected”.
The lawsuit also claims unspecified financial damage.