Judge tells 2 bars to pay tab for noise

Members of the homeowner's association stand near Hendrick's Pub Oct. 18, 2012 in Houston. Members of the homeowner's association stand near Hendrick's Pub Oct. 18, 2012 in Houston. Photo: Eric Kayne Photo: Eric Kayne Image 1 of / 1 Caption Close Judge tells 2 bars to pay tab for noise 1 / 1 Back to Gallery

Two bars on Kirby Drive and their landlord must pay $140,600 for disrupting a nearby neighborhood, a judge ordered Friday, weeks after a jury verdict largely favorable to nearby residents who sued the clubs.

But it appeared the clubs can remain in business. State District Judge Steven Kirkland affirmed the jury's finding that deed restrictions prohibiting alcohol sales in the area are unenforceable because of the changing character of the stretch of Kirby between Richmond and Alabama where the bars operate.

Kirkland ordered GWV Kirby, which owns Roak nightclub and Hendricks Pub, to pay $42,000 to the homeowners association of the David Crockett Addition subdivision. Thor Equities, which owns the land where the clubs are located, must pay $98,600.

A third club named in the residents' lawsuit, OTC patio bar, did not figure in the verdict and was not assessed damages.

Kirkland has not entered a final judgment. He asked the plaintiffs - 51 residents and their homeowners' association - to propose measures the bars could take to reduce their effects on the neighborhood.

The judge left open the option to take further action if the parties aren't able to settle complaints involving parking, noise, security and other issues.

Paul Pilibosian, an attorney for the bar owners, said his clients are pleased.

"The judge indicated his intention to keep us open with adjustments in how we operate. It's something we've always been willing to do."

Sanford Dow, an attorney for the David Crockett residents, noted that the court validated the plaintiffs' position that the defendants violated the subdivision's deed restrictions by being a nuisance.

And the damage award was the maximum allowed under Texas law for the violations alleged, Dow said.

The bar owners and residents have several days to reach a solution before Kirkland makes his final decision next Wednesday.