Houston Chronicle

Vet sues city over 1922 restrictio­n

Midtown Veterinary Hospital owner points to other businesses along West Alabama

- By Dylan McGuinness STAFF WRITER

The Midtown Veterinary Hospital was outgrowing its space on West Alabama Street, so owner Richard Clive bought a new property a couple of blocks away in 2018 to expand.

He hired a contractor and demolished part of the interior first floor to transform the space into a veterinary clinic. The contractor was about to pick up permits from the city in 2019 when Clive received a cease-and-desist letter from the city telling him he could not use the property for his practice.

The city attorney’s office cited a 1922 deed restrictio­n that says most properties on the south side of the 1600 block of West Alabama cannot host a business.

This property, however, had been used commercial­ly for decades and previously belonged to Arden’s Framing Shop. Other properties on the block — subject to the same deed restrictio­ns — house a law firm, a salon and a watercolor art gallery. An eightstory apartment building is two doors away on West Alabama, the mostly commercial corridor known for a popular ice house and its string of restaurant­s, grocery stores and other businesses.

Clive’s current location has the same restrictio­n, he said, and it never presented a problem.

“We got the letter and I thought there just has to be a way around this. It was a business already and there are businesses all around it,” he said.

The veterinari­an sued the city last month, seeking to force officials to grant his business permit and allow him to open the new location.

Clive’s plans ran into the often uneven enforcemen­t of Houston deed restrictio­ns, the hyper-lo

cal rules that govern land use absent zoning in Houston. The city can enforce certain restrictio­ns and frequently does when someone complains. Often, though, no one objects or the city does not intervene, allowing property owners to carry on with their plans uninterrup­ted. The result can be an arbitrary process that Clive’s attorneys argue lacks transparen­cy about who gets waived and who gets blocked.

They say the city attorney’s office told them someone complained about Clive’s plans, but officials could not tell them who or explain why Clive cannot operate a business there while others can.

Clive’s lawsuit, filed by attorney Carl Allred, claims the vet “has lost hundreds of thousands of dollars in forfeited revenues, payments for constructi­on and architectu­ral design, legal fees, and other monetary and other damages” because he has not been able to operate at the location.

Sara Bronin, Clive’s niece and a professor of property law at the University of Connecticu­t who has helped with the case, said it amounts to “property law 101.” The city has abandoned enforcemen­t of the deed restrictio­ns by allowing other businesses to open nearby, she argued, and West Alabama has materially changed into a commercial area from the residentia­l neighborho­od it might have been 99 years ago, when the restrictio­n first was implemente­d.

“The crazy thing is that they don't have to try to enforce this on the property owner,” said Bronin, a Houston native. “The idea that that property will now convert to a single family residence is completely ludicrous.”

In a statement, the city legal department told the Chronicle that the deed restrictio­n is “valid and enforceabl­e” despite its dated history. The next section of the deed says only Caucasians can own the property, a common rule in earlier-era deeds that no longer is enforceabl­e legally.

The businesses operating on that stretch of West Alabama despite the deed restrictio­n do “not rise to the level of waiver or abandonmen­t according to case law,” according to the city. Such a waiver would be “based on a numerical percentage of properties that violate the same deed restrictio­n” in the subdivisio­n, which is largely residentia­l behind West Alabama.

The city also argues that Clive’s veterinary clinic marks a “major change in the commercial impact on the subdivisio­n, from its prior use as an art gallery.”

The city said a residentia­l neighborho­od behind West Alabama “wants to preserve its residentia­l nature,” though it did not identify a formal complainan­t.

The Lancaster Place Civic Associatio­n, which includes the affected block of West Alabama Street, did not respond to requests for comment.

Bronin said the city’s argument that only some of the properties on that block of West Alabama are commercial is “absurd on its face,” citing a property that has parking space to fit 14 cars, along with a day spa, which Bronin said

“from a land use perspectiv­e is very much like a veterinary clinic.”

“How did those uses get permitted, and why is Midtown Vet — an excellent neighbor by all accounts — being treated differentl­y?” Bronin said. She argued the city can apply the waiver to properties on West Alabama without affecting residents behind it.

Jake Mase, president of the adjacent Mandell Place Civic Associatio­n, which includes the opposite side of West Alabama, said he was surprised to see the restrictio­n enforced on Clive’s property.

“This is the first I’ve heard of someone blowing up at a building that is the existing structure, that doesn’t sound like it would be too detrimenta­l,” Mase said, though he noted Lancaster Place otherwise remains significan­tly residentia­l. He said a 1988 judicial ruling ordered Mandell Place to abandon similar deed restrictio­ns on Alabama and Westheimer, now almost entirely commercial corridors.

Clive said he is doing his best to remain patient more than two years after he bought the property. He said the clinic has been able to get by in its cramped space in the meantime.

“We make do, but we need room to grow, we need to offer better parking and a better experience for our clients,” Clive said. “To me, it seems like it would be pretty simple: It was a business there for 20 years.”

The case is in the 269th District Court, and a hearing has not been scheduled.

 ?? Brett Coomer / Staff photograph­er ?? Catherine Alexander, left, and Dr. Gabriel Ferrer perform an EKG on a dog at Midtown Veterinary Hospital on Jan. 28. A 99-year-old deed restrictio­n blocks clinic owner Richard Clive from expanding his practice a few blocks away.
Brett Coomer / Staff photograph­er Catherine Alexander, left, and Dr. Gabriel Ferrer perform an EKG on a dog at Midtown Veterinary Hospital on Jan. 28. A 99-year-old deed restrictio­n blocks clinic owner Richard Clive from expanding his practice a few blocks away.
 ?? Brett Coomer / Staff photograph­er ?? Veterinari­an Richard Clive stands outside a building Jan. 28 that he bought two years ago to expand his practice. He is suing the city, seeking a waiver from deed restrictio­ns dating to 1922.
Brett Coomer / Staff photograph­er Veterinari­an Richard Clive stands outside a building Jan. 28 that he bought two years ago to expand his practice. He is suing the city, seeking a waiver from deed restrictio­ns dating to 1922.

Newspapers in English

Newspapers from United States