PORT NECHES — Jefferson County Court at Law No. 1 Judge Gerald Eddins has ruled in favor of the city of Port Neches in a lawsuit against its own zoning board of adjustment over the board’s decision to approve variances for an apartment complex.

Port Neches Mayor Glenn Johnson said he is pleased with the court’s recent decision to find in favor of the city.

Lance Bradley, who is part of the city’s legal team, likewise was pleased.

“It’s safe to say we’re pleased with the outcome and believe it is a correct result,” Bradley said.

But the legal battle is not over yet. Jeff Akhtar of Amron Housing Group who proposed building the apartment complex has filed suit against the Port Neches city council and mayor in the Eastern District Court asking for a jury trial and requesting disclosures in the matter.

Colleen McClure, Akhtar’s attorney, said her client had gone through all of the requirements of the city and was approved for construction of the apartment complex. However, when she was walking out of the public hearing, she was approached by several people who said “they did not want Muslims in their community” and that “no Muslims would own apartment property in the city of Port Neches.”

McClure said Akhtar is suing on racial and religious discrimination and retaliation.

The lawsuit is in relation to the zoning board’s decision late last year to approve variances for the construction of a 140-unit luxury apartment complex at 3031 Eighth St. The variance granted Akhtar the green light to go above the two-story maximum height limit, put more than 12 attached dwelling units under one roof and go beyond the acreage density.

The board, which is appointed by city council members, got positive comments from then-Fire Chief Stephen Curran and a city building inspector after two months of deliberations.

Local government code allows a board of adjustment to authorize, in specific cases, a variance from the terms of the zoning ordinance if the variance is not contrary to the public interest.

During a zoning board of adjustments public hearing there were no objections, protests or petitions signed against the issue.

The city then held a public hearing in which several people came out in opposition to the project and racial slurs were allegedly made against Akhtar and Gurinda Akhtar by members of the public, according to the court document.

Shortly after, the city filed suit against its own ZBA saying the board’s decision for the three variances was illegal because they exceed the limits placed on construction of multifamily housing units in the city’s zoning ordnance.

Akhtar still has the option to build a smaller complex within the city’s guidelines, but that would not be cost effective, McClure said. In addition, Akhtar owns another apartment complex that has been renovated and upgraded.

City officials were not able to comment on Akhtar’s pending litigation against the city.

Reporter: Mary Meaux -409-721-2429

Twitter: @MaryMeauxPANews