A Travis County District judge on Friday ordered the city of Bee Cave and the owners of the West Austin Business Park to file an order by Jan. 10 to temporarily halt construction until the case can go to a jury trial.
Judge Laurie Eiserloh’s letter also ordered the industrial warehouse to stop violating the city’s noise ordinance and that both sides work to find a trial date. She also indicated that the order should refuse all other measures, including several requests from the defendants seeking to dismiss the case.
During two hearings last month, city officials said the construction violates the development plan the city and the landowner agreed to in 2015. Residents said the 269,959-square-foot facility will lower their property values and harm the environment. Attorneys for the developers said that because the warehouse is in Bee Cave’s extraterritorial jurisdiction, rather than within city limits, the developers do not have to report site plans to the city or get approval.
More: The hearing ends with no decision on the construction of an industrial warehouse near Bee Cave
The hearing on the injunction began on November 12, but Eiserloh quickly learned that the court needed more time to hear from both sides. The judge concluded the second day of the hearing on November 20 by saying she did not know which way she would go.
“I know we have a lot of frustration on the neighbor’s side,” Eiserloh said. “Those were beautiful houses that I saw, and I took very careful notes about them. I know there is a lot of frustration on the developer’s side, that there is a lot of money at stake. That you all made very clear, costs remain a problem for you.”
A partner at Velocis, the Dallas-based private equity real estate firm building the facility near Texas 71 and Serene Hills Drive, testified that for every three months of interrupted construction, the company risks losing between $500,000 and $1 million. Paul Smith said the company spent about $21 million on construction costs between November 2023 and August 2024.
The project, which was ordered to halt construction by a court in October, is part of the Sweetwater Crossing estate, owned by Wheelock Communities.
When the 40-foot-tall concrete tilt-up walls went up in August, city officials received complaints from residents and filed a lawsuit against Velocis and Wheelock. KBC Adviseurs, an investor in the business park, later joined the defendants. Eppright Homes, the City of Lakeway and Madrone Canyon Residential Community also joined the lawsuit as plaintiffs in support of Bee Cave.
This article originally appeared on Austin American-Statesman: Judge tells Bee Cave, warehouse builder, to draft stop-work agreement
