Opinion

High-rise to nowhere The Ashby ordeal may open a can of worms.

Hundred of noisy protesters take their message to the street Wednesday, specifically the 1700 block of Bissonnet at Ashby, where a proposed 23 story high-rise development has angered area residents. Mayor Bill White pledged support for the residents fighting the planned high-rise building near Rice University. Wednesday, Oct. 3, 2007, in Houston. (Steve Ueckert / Chronicle) less Hundred of noisy protesters take their message to the street Wednesday, specifically the 1700 block of Bissonnet at Ashby, where a proposed 23 story high-rise development has angered area residents. Mayor Bill ... more Photo: Steve Ueckert, Staff Photo: Steve Ueckert, Staff Image 1 of / 1 Caption Close High-rise to nowhere 1 / 1 Back to Gallery

Houston has zoning, if you have the cash. That's the lesson from the fight over the Ashby high-rise.

Last week, after years of petitions, protests and legal wrangling to stop developers from building the 21-story residential tower, a Harris County jury awarded to 20 nearby residents nearly $1.7 million in damages anticipated from the building's construction. State District Judge Randy Wilson will soon hold a hearing to determine if the whole project should be shut down.

This is no way to regulate development in Houston. These sorts of decisions belong in a planning commission, not a courtroom. Proper development requires predictability, and this court case sets a dangerous precedent for construction at the whim of those who can afford high-priced attorneys. Arbitrary enforcement of tenuous nuisance claims is no way to plan a city.

The idea of a high-rise at the corner of Ashby and Bissonnet raised eyebrows from day one. Cramming such a large building into a tree-lined residential neighborhood seemed too much like putting 500 pounds of potatoes into a 10-pound bag. Nevertheless, Houston is growing more dense. A tower may stand out amidst the single-family homes, but it fits right in with the nearby Museum District, Hermann Park and all the inner-loop amenities that have people unloading U-Hauls. Houstonians want to drive less and live in walkable neighborhoods, and Ashby met that demand.

Neighborhoods change, especially in Houston. Our vast suburbs were once open prairie. And the Fourth Ward once lacked townhouses. But when developers came for the Fourth Ward with a battle cry of stucco, proposing projects that fit the neighborhood no better than the Ashby high-rise, where was the judge to hand down justice? Affluent neighborhoods get their trial by jury, the less fortunate neighborhoods get kicked out.

Houston needs responsible development to help shape our city into a place where people not only come to work, but want to live. Incentives for dense development along transit corridors can help guide construction without the burdens of full-fledged zoning. But this trial does little to help us get there.