Heights Long Weekend lawsuit dropped, but dispute with neighbor may not be over

The lawsuit between a nearby homeowner and Long Weekend in the Heights has been dropped, at least for now.

Richard Fontenot filed a lawsuit against the restaurant in April, raising concerns about Long Weekend’s elevated playground structure, the trees connected to the structure and its proximity to his property.

A judge later denied Fontenot’s request for a temporary restraining order, which would have temporarily restricted the use of the playground while the case continued.

But on Sept. 29, Fontenot voluntarily nonsuited the case without prejudice, according to Harris County court records.

That means Fontenot dropped the lawsuit, but the court did not issue a ruling resolving the underlying claims. Because the nonsuit was filed without prejudice, the claims can potentially be brought again.

Why was the case dropped?

Fontenot’s attorney told KPRC2 the case was nonsuited strategically, in part because of timing and because the legal team wants to incorporate noise violations into a potential future lawsuit.

Fontenot said he may refile in the spring if the issues cannot be resolved outside of court.

He said his concerns remain focused largely on the elevated playground and the trees connected to the structure, including what he described as potential liability concerns.

Long Weekend has a different view of where things stand.

The restaurant told KPRC2 it considers the dispute resolved and said it has taken steps to address concerns raised by neighbors.

Those changes include adding signage intended to discourage children from climbing on the fence and barriers in areas where older children had been climbing, according to the restaurant.

What about the noise complaints?

Long Weekend confirmed it received two noise violations.

The restaurant said one occurred during its grand opening and another happened on a separate night when background music was not turned off on schedule.

The restaurant said it has since trained managers on sound production, implemented additional monitoring of music and added sound blankets to the fencing.

Then there’s a CenterPoint issue...

Separately, CenterPoint Energy previously identified several structures and improvements at Long Weekend within active utility easements containing electric and gas facilities.

CenterPoint told KPRC2 it is working with the property owner on the relocation of utility equipment and infrastructure within the easement.

Long Weekend said it paid to have a gas main relocated and that the work was completed last week.

For now...

There is no active civil lawsuit between Fontenot and Long Weekend, or any other lawsuit against the restaurant.

Fontenot says he may refile if the issues cannot be resolved outside of court.

Long Weekend, says it remains available to neighbors who have concerns.