iReporter
 
30
19
24
9
6
Pin on Pinterest

Update from Snider Plaza Alliance: Appeals Court Accepts Case

Snider Plaza Alliance (SPA) wants you to understand what the City of University Park is allowing to happen in Snider Plaza, why we are pursuing legal action, and how you can help.
By voting to depart from the current Snider Plaza zoning, the City of UP did not follow its own parking requirements and has allowed the developer to proceed with a project that will not abide by the numbers of spaces required by current law and will aggravate our parking congestion.

This action sets an unacceptable precedent for all of Snider Plaza to be redeveloped without regard for zoning already in place which will make our already bad parking congestion worse in Snider Plaza and the surrounding residential neighborhood.

While the lawsuit was dismissed on procedural grounds the judge was inclined to grant the injunction, “if I deny the pleas to the jurisdiction, I am going to grant the TI (Temporary Injunction)” and the appeals court has just accepted this case.
Attached is further information regarding status of the court case against the City of University Park and James Strode.

We are deeply thankful for the financial support we have received from the community. If you would like to contribute to the legal expenses, we are accepting checks made to Snider Plaza Alliance at 3439 Westminster Ave/University Park, TX 75205 or you may use this Go Fund Me Link: https://gofund.me/f50de606

Thank you very much for your support.

SPA is a non-profit association dedicated to preserving Snider Plaza and its surrounding neighborhood. Its members include property owners, Snider Plaza tenants, and University Park residents supporting a rational resolution of these planning issues. SPA can be reached via this email address: sniderplazaalliance@yahoo.com.

January 13, 2022 10:37 am

The Appeals Court Accepts the Snider Plaza Alliance’s Case Against the City of University Park on Its Improper Rezoning of Snider Plaza

The coalition of concerned property owners, tenants, and citizens, Snider Plaza Alliance, has filed an appeal of the denial of the Alliance’s motion for a temporary injunction handed down by Associate Judge Sheryl McFarlin, based on a technicality. The November 18 ruling is purely procedural. The ruling did not reach the merits of the Alliance’s allegations: that the UP City Council purposefully disguised the decision to reduce parking requirements in Snider Plaza, resulting in catastrophic traffic management and parking conditions if broadly applied. According to long-time resident Anne McIntyre, “this is unfortunately a repeat performance by the Council, which over time has ignored neighborhood input and its own rules if they happen to get in the way.” On the subject of the project’s impact on Snider Plaza businesses, resident Herb Weitzman, a real estate professional with over 40 years’ experience in Dallas retail development, has observed “There’s not enough parking spaces provided under current ordinance. I’m not against development, but I sure do not want the charm and the pleasure that we all have shopping there to be eroded.”

On December 30, 2021, the Fifth Circuit Court of Appeals accepted the Alliance’s Docketing Statement, formally initiating the appeal.

In the course of hearing the Alliance’s motion for a temporary injunction at which the argument centered on the claim by the City of University Park that the Alliance and its members did not have the standing to bring suit challenging the City Council’s zoning action applicable to the Snider Plaza project known as “SPC 6600 Snider Plaza,” despite the fact that the Alliance numbers among its members a property owner directly across the street from the planned project. In the course of the hearing, Associate Judge McFarlin was clear and emphatic that the Alliance’s case was persuasive; only the lack of suitable representation by a neighbor stood in the way of a favorable ruling on the Alliance’s motion. In the words of the Court, “I can tell you if I deny the pleas to the jurisdiction, I am going to grant the TI [temporary injunction].”

The Alliance’s goals are twofold. First, requiring the City of University Park to play by its own rules, and second, pursuing a civic dialogue about the future of Snider Plaza. A successful appeal would force the City to support the Alliance’s mission: adopting redevelopment rules for Snider Plaza that do not add to the existing traffic and parking congestion while allowing only properly sized future redevelopment compatible with the center’s intimate scale and the surrounding residential neighborhood. If the Alliance’s legal position is adopted, the case would effectively leave 6600 Snider Plaza development project to contend with defective zoning -- affecting building permits, certificates of occupancy, and other actions by the City of University Park taken under the auspices of proper zoning.

For questions relating to the content of this press release, please contact the Alliance’s president, Matt Dixon, at mw_dixon@usa.net.

Related Posts