SamsCityplace

Despite the decision from the Fifth District Court of Appeals, it won’t slow construction of the Sam’s Club at Cityplace.

A new decision on the proposed Sam’s Club at Cityplace is giving the East Village Association reason to celebrate. Robert Wilonsky has the news on the Fifth District Court of Appeals’ memorandum, ordering the case back to trial court. It’s a blow to city staff, which argued that the neighborhood association has no standing to sue.

According to Justice David Schenk’s opinion, Wilonsky says, “the court disagrees with the city’s assertion that the East Village Association — which was formed in opposition to the Sam’s Club — doesn’t even have standing to bring this suit in the first place. If nothing else, says the justice, at least one of its members lives close enough to the property to justify the lawsuit even without the association’s help.”

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SamsCityplaceAccording to Robert Wilonsky, who was at the hearing — and I would have been there, too, had it not been for this Zulia deal — he thought…  

“Judge Phyllis Lister Brown was going to side with the East Village Association and grant their request for a temporary injunction in the case involving the Sam’s Club Trammell Crow Company wants to build in the shadow of Cityplace. She chided the city and Trammell Crow for their “lack of transparency” in zoning documents and notices sent to nearby residents impacted by the Big Box. She made it clear she was unhappy with how the process failed the residents living next to a 150,000-square foot Big Box that will dropped in their proverbial front and back yards. She spoke of having to make a “difficult” decision.”

Yep, been there. That’s how judges operate. You think you have them convinced of the law, and opposing counsel says something, they swing back to the other side. Ultimately Judge Brown said the city had done just enough to force her to deny the residents’ request for a temporary injunction. So Sam’s Club can file for a building permit as early tomorrow. (more…)

currenteastvillageSam'srendering

Judge Emily Tobolowsky has granted a temporary restraining order against the proposed Cityplace Sam’s Club development, which will prevent the City of Dallas from issuing permits for construction.

Cityplace residents have formed a neighborhood group called the East Village Association and filed a request for a temporary restraining order and permanent injunction against the City of Dallas and the Dallas City Plan Commission to stop the development earlier this week. Yesterday the Plan Commission voted to approve the development 11 to 4 after the 162nd District Court ruling. Today’s action, though, means that residents have time to organize a case against the development.

“We want to go back to square one,” said Anthony Ricciardelli, one of the resident’s attorneys, on Unfair Park yesterday, “and let the residents who should have had a chance to speak out last year have a chance to speak out before a decision is made.”

See the filing for the injunction request after the jump:

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Betty Culbreath (Photo: Dallas Morning News City Hall Blog)

Betty Culbreath (Photo: Dallas Morning News City Hall Blog)

Sounds like Betty Culbreath is a CandysDirt.com reader, as the City Plan Commissioner called out our little Dallas real estate blog during her comments at the June 19 meeting in which the proposed Sam’s Club at Uptown East/East Village/Cityplace was discussed.

Her speech, which lasts about three minutes at the 1:26:15 mark, references the $30,000 millionaires we’re hearing so much about these days, how it’s all about neighborhoods, and pool floats! If you didn’t know, Betty Culbreath is a bit of a blogger in her own right.

Get the full listen after the jump, and then tell us what you think:

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No to Sams at City hallI got to City hall for the tail end of it, but in enough time to learn that the Dallas plan commission did not agree to re-open debate on the controversial Sam’s Club down near Cityplace, called East Village. Channel 8’s David Schecter was there and has all the details. A few members were sympathetic and even voiced concern that the notification process had been flawed. One member voted against Sam’s: Gabrielle Soto. J.L. Forke was there, along with several concerned Realtors. The neighbors vow to continue and have not ruled out possible legal action. Here’s part of what leader Jonas Parks, the Accidental Activist, posted on his group’s Facebook site:

“(I am saddened by)… our failure to secure the public hearing, but for lack of care the commissioners showed today and for lack of consideration of the citizens they were supposed to serve and to advocate. Having learnt from this, We are going to rise stronger, more organize and go all the way to show them together we are mightier than them.”

One other member sitting at the table had some words, too, and we will have more on that very soon.

Highland HouseUpdate 9:40 a.m. Here is what Allyn says the residents were asked over the phone. Do you think it was misleading?

The Trammell Crow Company is planning to build a new development between Haskell Avenue and Carroll Avenue on the east side of Central Expressway anchored by a one-of-a-kind Sam’s Club and featuring three restaurants and a new fuel station. This will create some much-needed excitement for a high-traffic, visible area that has been underutilized for years.

Based on this information, and what you have heard about the plan for the development at Haskell and Central, do you support or oppose the plan?

Eat your Wheaties, Thursday is a big day at Dallas City Hall. The wonderful Highland House development Luke Crosland is trying to develop in Preston Center will be debated, and Laura Miller plans to show up and give ’em hell. Why she is so against this development baffles me. I think it’s a huge plus for Preston Center and the City of Dallas. Does Laura fear that she and Steve might face more leasing competition for their condo at the Athena?

The City Plan Commission will also debate whether to revisit last year’s zoning decision that gave us the current Sam’s Club CBRE Trammell Crow Co. has on tap for the southeast corner of Central Expressway and Carroll Avenue. I drove the ‘hood last evening, noted the flurry of new development, the apartments, the homes that still need to go bye-bye, and a few women pushing baby carriages. Seems like gentrification is trying it’s best to peep up in those parts. I just think it’s a dumb use of land, though I’m sure the big box will prove profitable to CBRE Trammell Crow. That Sam’s Club will go up a whole lot faster than some multi-family mixed with retail, which I would personally like to see there. (more…)

currenteastvillageSam'srenderingThey took over a large room in the Agape Methodist Church on Columbia Ave. in East Dallas, set up easels, graphs, and maps of the area to let the neighborhood come see Sam’s last Thursday evening. Water and cookies were served. About 12 location residents wandered in, if that many. There were so few residents, there was no need to speak to the group. So Scott Dyche, general counsel for Trammell Crow (CBRE), Joel Behrens and others spent a lot of time on their feet just talking one on one, or one per groups of three.

Actually, of the 12 ish people there, one was a newbie reporter from the Dallas Morning News, and some were Oak Lawn/Uptown residents who came over to examine the development. (more…)

Joel Behrens Trammell CrowI will tell you this: Joel Behrens of Trammell Crow seems like a nice, earnest young man of 34 who was sweating up a storm last night as he was the anointed. Anointed, that is, to present Trammell Crow’s case for a super-size Sam’s Wholesale Club to the venerable Oak Lawn Committee, the original protectors of the Oak Lawn PD 193, which guides and watchdogs Oak Lawn development. The OLD fosters rows of trees,  small streets, maintains the personality of Oak Lawn. The OLC is likely one of the reasons why Oak lawn is still one of the hottest neighborhoods and tax revenue producing areas in Dallas. The proposed Sam’s Club is to be located across Central, next to Cityplace, and not in Oak Lawn.

As someone mused last night: does the Cityplace neighborhood, christened East Village, have an Oak Lawn Committee? Sadly, no. (more…)