COLLEGE STATION, Texas — Aggieland Outfitters is putting its newest location on hold after residents near the construction site gave it a thumbs down.
An attorney for the homeowners alleges the new build is “illegal.”
The new location is set to be built at George Bush Drive and 100 Fairview Drive in College Station.
“This commercial building that Aggieland Outfitters are saying they want to build is in violation of deed restrictions that have been put in place for over 100 years,” said Gaines West, attorney representing Fred and Shirley Dupriest of College Station.
But legal counsel for Aggieland Outfitters says such deed restrictions are bad for business and too constricting.
“We respect their concerns about their neighborhood, but as far as restrictions they are alleging in this case – they’re unenforceable and we believe that’ll be the case in this second lawsuit,” said Matt Doss, attorney representing Nimitz Properties LLC (Aggieland Outfitters).
The Dupriests previously filed a similar lawsuit in 2017 against Nimitz Properties LLC, who owns Aggieland outfitters.
Five years later -- they're hoping to finally put a stop to it.
But Doss said they're hoping this case will be thrown out like the last one.
“The lawsuit was dismissed in 2018 – it’s still pending an appeal and rather than have the appellant process play itself out, they filed nearly an identical lawsuit stating the same claims that is not permitted by Texas law,” Doss said.
West says he is just wants the Dupriest’s to have their day in court.
“All we want to do is keep the status quo – no foundation is poured, no buildings are built, until Judge Hilburn has had a full opportunity to hear all the evidence on their matter,” West said.
Nimitz Properties LLC and the Dupriest’s were set to meet Friday in hopes to have the temporary injunction lifted to resume Construction on Aggieland Outfitters new location. The injunction hearing is now scheduled for Monday, August 29.