Judge halts Henry S. Miller’s Pepper Square redevelopment

Lawsuit claims development firm violated city’s sign-posting requirement for rezoning

<p>A photo illustration of Masterplan’s Lee Kleinman and Henry S. Miller’s Greg Miller along with a rendering of the planned redevelopment at 15030 Preston Road in Dallas (Getty, Masterplan, Henry S. Miller)</p>

A photo illustration of Masterplan’s Lee Kleinman and Henry S. Miller’s Greg Miller along with a rendering of the planned redevelopment at 15030 Preston Road in Dallas (Getty, Masterplan, Henry S. Miller)

A Dallas court order has temporarily stalled development firm Henry S. Miller’s efforts to upzone a 15-acre shopping center in Far North Dallas.

District Judge Martin Hoffman issued an injunction last Friday preventing the Dallas City Council from moving forward with a vote on rezoning plans for the Pepper Square retail center at 15030 Preston Road, the Dallas Morning News reported  

The decision responds to the Save Pepper Square Neighborhood Association’s lawsuit claiming that the firm, headed by CEO Greg Miller, failed to follow proper sign-posting procedures, violating the city’s notification sign ordinance.

The firm plans to continue pursuing the project, which came into focus a few years ago. It calls for redeveloping the Trader Joe’s-anchored shopping center with nearly 1,000 apartments, retail and restaurants. The City Plan Commission approved the rezoning proposal in August.

Former Dallas City Council member Lee Kleinman, a senior advisor at consulting firm Masterplan Texas who is working with Miller, said he was disappointed by the court’s decision. 

Kleinman said neighbors have received ample notice over the past two years, including over 10 community meetings and mailed notifications. Zoning signs were put up and replaced on the property “many times,” with more than 25 signs purchased to date, he said.

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“This decision has been costly for Henry S. Miller and will continue to expend valuable city resources by burning staff time and taxpayer dollars,” he said. “Granting this temporary injunction circumvented the Dallas City Council’s authority to make an independent decision regarding compliance with the notification sign ordinance.” 

The project’s opponents worry the redevelopment will increase traffic congestion and reduce property values. 

The opposition group was “gratified that Judge Hoffman ordered the city of Dallas to follow its own rules,” said their attorney, Anthony Ricciardelli.

“His ruling puts renewed focus on rigorous adherence to notice requirements and ensures that they are not treated as mere technicalities,” said Ricciardelli, who also serves as a Plano City Council member.

Dallas city officials argued that the temporary injunction is unnecessary and prevents city council from carrying out independent reviews on compliance issues. The judge’s decision will likely delay any further action on the rezoning for several weeks as the city awaits compliance and reposting of the signs.

— Andrew Terell 

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