Perhaps by now you’ve read my little 5,000 word ditty
about Museum Tower and how it is destroying the Nasher Sculpture Center. There’s one aspect of the story that I didn’t get to address in the printed version: what happens if the two sides go to court? I don’t think that will happen for several reasons, not the least of which is that David Haemisegger, president of both NorthPark Management Company and the Nasher’s board, doesn’t want to sue. But, still, a lawsuit lies within the realm of possibility.
William Allensworth is an Austin construction lawyer with some skins on the wall. When I put the question to him, he was initially puzzled. He’d never handled such a “light trespass” case before. Nor could he call one to mind. So he did what any smart guy with skins on the wall would do: he had some junior associate do a whole bunch of work for him to try to figure it out. Allensworth was kind enough to send me a report on his findings. You can read the whole thing. But here’s the upshot: