Councilmen Adam Medrano and Philip Kingston join the fight against Peak’s Addition developer

Image courtesy of Encore Multi Family LLC

The legal team for the Peak’s Addition Homeowner’s Association (PAHA) in their battle to scale back a development at the corner of Peak and Swiss reads like an all-star roster of East Dallas legal minds.

Most recently, City Councilmen Adam Medrano and Philip Kingston joined the fight. They filed a brief last week against EMF Swiss Avenue, the property owner at 4217 Swiss Ave. in Peak’s Addition, who hoped to allow construction to continue while it appeals a stop-work order on the property. Melissa Kingston, wife of councilman Kingston, and former Councilwoman Angela Hunt are also working on behalf of the neighborhood association.

Neighbors successfully challenged a city permit that approved a building they say is taller than the neighborhood’s planning district allows. The city did not appeal the court’s decision that disagreed with their interpretation and pulled the permit, stopping construction. The developer did appeal the decision, which is working its way through city channels. EMF Swiss Avenue has asked to continue work while the appeal is considered.

The councilmen disagree with a city attorney’s position that would allow construction to continue before the case is decided. “The city’s interest ought to be to prevent further construction in a case such as this one because of the risk that the building will have to be partially or totally demolished in the likely event that the judgment is upheld,” Kingston and Medrano’s brief states. They added that EMF Swiss Avenue’s desire to continue construction reveals their “overconfidence in reversing the trial court.”

If the appeal fails, at least part of the existing construction would need to come down while the rest of the project was scaled back.

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  • Melissa Kingston

    The property is located in a subdistrict of the PD.

  • Lookyloo

    Not NIMBY, unless the owners of the mansion at peak/Swiss are the most powerful people in all the land. It’s my understanding that this development is not actually in the PD, but “casts a shadow” into the PD. So I guess Dallas is setting a precedent that historical districts can control the construction outside their district too?
    Just a theory, but I think the many Indio and Power properties nearby would have way more to lose from this development than the 3 mansions – and mostly renters on that block of Swiss – that would be in the “shadows” of a five story building. The apartments seem like they would be like the ones over near Hall/Ross that really cleared out a lot of crap and brought walkability and new life to the hood.
    But who knows? Maybe the neighbors really are that pissed about construction noise and a shadow. It will be interesting to see how the city handles this one.

  • cozmo

    And that would be different than some of the things we have put up with in east Dallas for decades how?

  • NealK

    How did this happen? Was it incompetence on the city staff’s part, or was it corruption? And are the staff involved still employed by the city? If so, why?

  • Justice of Truth

    Sometimes people get what they deserve. Are you familiar with the term Karma? From the way things sound, you’re going to have a partially finished project in your backyard for years to come…dirt piles, construction materials, construction fencing, bare concrete, etc. Maybe the “foreugners” developing the parcel will just abandon it all together. Either way, enjoy the view Lee!

  • Los_Politico

    Thanks for making me look like the good guy. For the record I was born and raised in East Dallas. So were my parents and my grandparents. I am way more invested than you are if you’d like to play that game.

  • Jim Darden

    You’re correct that the developer needs to adhere to what’s allowed per the zoning code, but no need to be so rude about it

  • Lee Chevalier

    Very funny. It’s not about urbanization you fool, it’s about the fact that they were given a footprint that you & I have to adhere to (it’s very modern, called zoning) wherein how much your tenants can see into my yard, how many trees it mows down, cars it adds to a residential street, sidewalks (they’re building right up to the street) and – hey, mister technology- the utility and cable access ALREADY UNDER THAT PUBLIC RIGHT OF WAY all figure into your “urbanization”. The shithole your suburban parents came from allowed uncontrolled building. You can’t bring that here. These are foreugners building this, thinking they can buy out like in Azerbaijan. Not happening.

  • Los_Politico

    Very disappointing that these guys are so against urbanizing the city. Siding with a couple of old NIMBYs is very short sided