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A company behind the development of 488 rental homes at Brooks is suing the city of San Antonio over the closure of eastbound traffic on Sidney Brooks Drive from South New Braunfels Avenue to Josue Sanchez Street. The company alleges the road closure is cutting off access to the Los\u00a0Cielos at Brooks community. Shown is a sign at the entrance to Brooks.<\/p>\n
San Antonio Express-News file photo<\/p>\n
Road construction can be a nuisance for drivers and businesses affected by closures.<\/p>\n
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The company behind a large rental-home development on 70 acres at Brooks on the Southeast Side<\/a>\u00a0says the shutdown of eastbound traffic<\/a> along Sidney Brooks Drive comes at the \u201cworst possible time\u201d for it, so it has sued the city of San Antonio in an effort to restore two-way traffic on the route.<\/p>\n Article continues below this ad<\/p>\n Provident Group\u00a0\u2014 Brooks Properties LLC, a Baton Rouge, La., company, alleges the city\u2019s \u201cimprovident decision\u201d to shut down the primary road access to the 488-home Los Cielos at Brooks community<\/a> is happening during the \u201cheight\u201d of leasing season.<\/p>\n \u201cThe City took this action without coordinating with Brooks Properties LLC or its partner Preston Hollow Community Capital<\/a> \u2026 without preparing a mandated written takings impact assessment, and without regard for the devastating consequences to the hundreds of San Antonio families actively seeking housing at Los\u00a0Cielos,\u201d the lawsuit says. \u201cWithout full access, prospective residents will not be able to find and visit Los Cielos.\u201d<\/p>\n Preston Hollow, a Dallas-based finance company that owned the land lease before selling it to Brooks Properties, tried to work with the city \u201cin good faith to minimize the harm,\u201d but those overtures were rejected, the suit says.<\/p>\n San Antonio Express News Logo<\/p>\n Make us a Preferred Source on Google to see more of us when you search.<\/p>\n <\/p>\n Add Preferred Source<\/p>\n <\/a><\/p>\n On Tuesday, the city told Brooks Properties that the roadwork could no longer be delayed and would resume the next day, spurring Brooks Properties to file suit in state District Court in San Antonio.<\/p>\n Article continues below this ad<\/p>\n Brooks Properties seeks a temporary restraining order and ultimately a permanent injunction to prevent the closure of the southern segment of Sidney Brooks Drive, running eastbound from South New\u00a0Braunfels Avenue to Josue Sanchez Street, through\u00a0Aug. 31. A TRO hearing is set for Monday.<\/p>\n The city does not believe the lawsuit has merit, spokesman Brian Chasnoff said in an email.<\/p>\n \u201cThe City\u2019s priority is to maintain safe roadways for residents, businesses, and motorists while this work is underway,\u201d he said. \u201cThe traffic plan for Sidney Brooks Drive is designed to support construction while preserving access to nearby properties.\u201d<\/p>\n Dallas attorney Jared Eisenberg<\/a>, who represents Brooks Properties, declined to comment.<\/p>\n Article continues below this ad<\/p>\n Brooks Properties alleges the road closure amounts to \u201cinverse condemnation.\u201d<\/p>\n The city\u2019s action \u201cconstitutes a taking, damaging, or destruction of Plaintiff\u2019s Property for public use without adequate compensation because it is a material and substantial impairment of access to the Property,\u201d the suit says.<\/p>\n The company also alleges the city violated the state\u2019s Private Real Property Rights Preservation Act.<\/a><\/p>\n Article continues below this ad<\/p>\n The work includes a four-lane concrete roadway, turn lanes, sidewalk, curbs, drainage improvements, traffic signal improvements, pedestrian lighting, landscaping and utility improvements.<\/p>\n