Dykema Guides Phillip Thompson Homes to Victory in Dallas Residential Proximity Slope Dispute

Dykema, a leading national law firm, recently earned an important victory for Phillip Thompson Homes, Inc. in a bench trial before Dallas County District Court Judge Eric Moyé involving the City of Dallas’ residential proximity slope zooming ordinance. The Dykema trial team was led by Joe Rubio and included Alison Ashmore and Chris Kratovil.

Phillip Thompson Homes purchased a property in 2016 and the following year submitted building plans to the City of Dallas for a three-story duplex valued at more than $1M. Those plans were approved and permitted by the City. Six months following the approval, when 90 percent of the project was complete, the City cited the property for violation of an obscure zoning ordinance, residential proximity slope.

After four years of lawsuits and appeals, in June 2022 Dykema defended Phillip Thompson Homes in court on the issue of whether the City could be equitably estopped from enforcing the ordinance against Phillip Thompson Homes’ property and prevent a certificate of occupancy. On Tuesday, June 21, 2022, Judge Moyé ruled from the bench in favor of Phillip Thompson Homes.

“Our team was exceedingly well prepared and efficient in the courtroom, ultimately leading to a successful outcome for our client,” said Ashmore, who was a member of the trial team. “We’re seeing more of these kinds of disputes arise where the City is rescinding approvals and attempting to claw back permits from developers who correctly followed the permitting process and are in compliance. This is a major hindrance to development and growth in Dallas, and we are happy to serve as an advocate for developers who find themselves in this position.”  

The case is PDT Holdings, Inc. and Phillip Thompson Homes, Inc. v. City of Dallas and Board of Adjustment for the City of Dallas, Cause No DC-18-08484, in the 14^thJudicial District Court, Dallas County, Texas. This is the second such victory that Dykema has secured for a client in residential proximity slope restriction disputes in Dallas.