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recent court victory has cleared the way for a Lubbock development group to move forward with its plans, despite earlier claims of zoning code violations. The lawsuit, filed by Dan Wilson's Dan Wilson Homes in February 2024 against Kristen Sager and Egenbacher Real Estate, LLC, was dismissed by Lubbock County District Judge Phillip Hays.
Fernando Bustos, representing Egenbacher, described the suit as "a non-starter" from the beginning. "There was no basis for this lawsuit," he said. The development group had been working on a commercial property near 114th Street and Slide Road, which Wilson claimed violated city codes due to inadequate buffering across from a residential area.
However, Bustos argued that the plans were always in compliance with zoning regulations. "The city confirmed it, and now a judge has confirmed it," he said. The development group had made their plans available for public review before construction began, and Bustos claimed Wilson was aware of the potential impact on his nearby home.
When the home failed to sell at an asking price over $800,000 early last year, Wilson allegedly complained to the city, which rejected his claims. Instead of appealing, he filed a lawsuit against Egenbacher and a city official, only to later drop the latter after the city raised immunity as a defense.
The judge's ruling on April 1, 2025, effectively ended the matter, with Bustos stating that it allows the development group to "move forward without further distraction." The decision is seen as a reinforcement of Egenbacher Real Estate's commitment to integrity and professionalism in Lubbock's growing commercial real estate sector.
