Residents ask court to halt Pepper Square development

DALLAS - The battle over the Pepper Square high-rise apartment complex in Far North Dallas has moved from City Hall to the courtroom.

Pepper Square Development Lawsuit

Neighbors have called for a temporary restraining order on the proposed 11-story development at Preston and Belt Line roads, until a decision is made in a lawsuit.

The Save Pepper Square Neighborhood Coalition filed a lawsuit against the group in charge of the development, accusing Dallas City Council of "spot zoning." Spot zoning is when an area is zoned in a way that's out of character with its surroundings. The coalition claims the development violated Forward Dallas 2.0 and is not zoned with the nearby single-family neighborhoods in mind.

"The increase in density, automobiles and traffic and noise can detract from the neighborhood until the area's desirability as a place of residence is destroyed," argued Austin Smith, the attorney for Save Pepper Square.

Homeowner Damien LeVeck said neighbors are concerned about traffic and police and fire response times around what is already one of the city's busiest intersections.

"55 residents per acre would make it one of the densest neighborhoods in all of Dallas. It doesn't feel like that matches the neighborhood we are in," said LeVeck.

After intense anger from the community over Pepper Square, their representative, city councilwoman Janie Schultz, is not running for re-election.

The other side:

An attorney for Pepper Square says the process has been in motion since Sept. 2022 and that the city considered many factors in its zoning decision. They say a pause in construction would be costly.

"My clients are facing a loss of between $280,000 to $290,000 per week relating to this delay," the attorney said at a hearing. "My client will be the one facing irreparable harm."

What's next:

Judge Martin Hoffman heard the case.

While Hoffman appeared to consider the effect on residential values, he also takes the city's authority seriously.

The judge requested both sides to file briefs on existing spot zoning case law.

He will hear their arguments on Wednesday at 9 a.m.