A CASE OF THE BLUES

When property owners in Far North Dallas’ Quorum North flexed their muscles last April to try and force developers Harvey McLean and C.J. Webster to change the color of their bright blue striped building, they won easily, thereby sending a message to other commercial developers that aesthetics could be grounds for a lawsuit.

Dallas attorney Chuck Gall of Jenkens & Gilchrist is surprised at the amount of attention his plaintiffs’ case has garnered. He says the case of the blue building was much more than a case of aesthetics -it was a case of economics. McLean and Webster actually failed to abide by a 1980 covenant of development filed with the city, which specified that neighboring buildings had to be of similar architectural style and color. The plaintiffs, each of whom have poured millions of dollars into their respective buildings, argued that the blue building substantially lessened the value and desirability of current and future buildings planned for the site.

Gall says he proved in court that McLean and Webster knew about and had previously participated in an architectural committee (which was designated by the covenant of development) comprised of representatives from One Spectrum Center, the Registry Hotel, Adelstein Plaza and the Colonnade office tower, all near the Belt Line/Dallas Parkway intersection. Each of the members had presented their own building plans for approval by the committee-except McLean and Webster.

McLean says he was shocked at the outcome of the lawsuit, which will most likely require that he and his partner change the color of the building. “The building itself is the first of three,” he said. “The next would be painted shades of pink to red; the third, shades of lavender to purple. They are reflective, in a sense. They play off the windows and each other. Three colors would make the buildings exciting and dynamic.”

Unfortunately for McLean and Webster (who is a former Addison city manager), the Quorum North property owners still don’t agree with the plans he presented. McLean says he’s not sure how he will paint the other buildings, but he says that next time he will go to the committee for approval.

Gall says the creation of architectural committees to control the aesthetics of a large commercial development are common in Dallas, but it is uncommon to find partners who don’t agree with the rules that bind them.

McLean believes that the verdict stifles architectural creativity. “This exercise of producing files and spending tens of thousands of dollars with an uninformed judicial system is a tremendous waste of energy. But I’m a positive person. I view it as an opportunity to do something better.”