» Austin Business Litigation Case Involves Successful Challenge to City

Austin Business Litigation Case Involves Successful Challenge to City

Austin, TX (Law Firm Newswire) November 7, 2011 - Restaurant disputes are almost never as lengthy as the one South Congress Café has been embroiled in with the City of Austin for more than six years. At the heart of the lawsuit are an outdoor deck and the neighborhood’s lack of parking. The café built the deck on the only outdoor space that was marked for on-site parking for restaurant patrons. They also constructed the deck without the mandatory permits.

The restaurant and its owners, Trudy’s Texas Star Inc., do not dispute this. But they do say they tried to work with the city to obtain approvals and permits retroactively. In court, Trudy’s cited previous times when other business owners have done this retroactively without issue. Trudy’s submitted a new site plan to the city based on the deck, and other improvements such as a bar, landscaping, fencing, and a walk-in cooler that was built as part of the expansion. But the plan apparently did not incorporate 23 parking spaces with one handicap space that was part of the original plan.

Austin Business Litigation Lawyer and Employment Attorney, Gregory D. Jordan

Austin Business Litigation Lawyer Gregory D. Jordan

“Lengthy disputes like this one can cost restaurants and other businesses an incredible amount of lost revenue,” said Austin business litigation attorney Gregory D. Jordan. “Anything to deal with construction, city codes and permits, and right of way concerns should usually be addressed proactively when possible to minimize disputes. Nevertheless, when that does not happen, the City doesn’t have the right to just run over a business owner. Sometimes you can fight City Hall.”

The deck, which extends into the sidewalk area, has remained unused since September of 2005 because of the lawsuit. The city had originally approved the plan with the improvements, but then reversed its decision due to public opposition, Trudy claims.

This could now change because of a recent District Civil Court ruling that said Austin did not work with the café owners at 1600 South Congress Avenue to bring it into compliance with city code development regulations. District Judge Orlinda Naranjo held that Austin has until June 2012 to work with the restaurant on bringing the matter into compliance. Judge Naranjo also found that the City needed to pay the café over $350,000 in legal fees.

Permitting, zoning, and land use disputes require expert legal counsel to resolve. Politics and public perception can play a big role in some outcomes, but ultimately the complexities often boil down to city departments working with area residents and businesses to make their processes clear and actionable within a reasonable time.

The Law Offices of Gregory D. Jordan counsels restaurant owners, construction companies, developers, and businesses in business litigation matters. To learn more about the Austin business attorney and Austin business litigation lawyer Gregory D. Jordan, please go to www.theaustintriallawyer.com or call (512) 419-0684.

Law Offices of Gregory D. Jordan
5608 Parkcrest Drive, Suite 310
Austin, Texas 78731
Call: 512-419-0684

Other Practice Areas offered by the Law Offices of Gregory D. Jordan

  • Business Litigation
  • Trademark and Copyright Litigation
  • Hospital Retaliation
  • Overtime and Wage Claims
  • Personal Injury
  • [mappress mapid="39"]

    • Texas appeals court rules on consent provision in oil lease case
      A Texas appeals court eliminated a $27.7 million judgment against an oil and gas company in a dispute over a drilling farmout agreement, ruling that the contract permitted the company to withhold consent to an assignment of the agreement. Carrizo Oil & Gas Inc. had appealed a jury verdict finding it liable for fraud, breach [...]
    • Texas telecommunications company sues Comcast claiming tortious interference
      A small Texas telecommunications company has filed a lawsuit against cable giant Comcast, alleging tortious interference with contract. In the lawsuit, Anthony Luna claims Comcast dug up and destroyed cables owned by his company, Telecom Cable. Luna alleges that Comcast workers cut cables and disrupted service to his customers in the Houston area. The complaint [...]
    • Texas appellate court rules against owner of royalty interest in fraudulent inducement lawsuit
      A Texas appellate court held that the owner of a royalty interest could not claim fraudulent inducement with regard to its settlement with a Shell Oil affiliate that operated the oil and gas property. In 2014, a Texas state court jury found that the Syrian American Oil Corp. (Samoco) was fraudulently induced into entering a [...]

    See other news sources publishing this article. BETA | Tags: , , , , ,



    Get headlines from Law Firm Newswire sent right to your inbox.

    * indicates required