In a pivotal decision, the Houston Historic Preservation Appeals Board (HHC) upheld a staff recommendation to deny a Certificate of Appropriateness (COA) for the demolition of a property at 1138 Fugate. This ruling, made during the meeting on July 17, 2025, comes after a previous appeal granted under specific conditions.

The HHC's decision included revoking a prior COA for alterations and mandated that any new construction on the site must comply with local ordinances and codes. The board emphasized that new construction would require a new COA, which must adhere to the preservation ordinance's illegal demolition provisions.

Keith Rhymes, representing the property owners, argued that the board misinterpreted the relevant ordinance, specifically section 33-203, which deals with enforcement and penalties. He contended that the demolition in question was a result of a structural collapse rather than a straightforward demolition, asserting that the property owners had not received adequate notice regarding enforcement actions.

Rhymes highlighted that the city had previously issued a permit allowing the demolition down to the foundation, suggesting that the circumstances did not warrant the penalties outlined in the ordinance. He maintained that the property owners had invested significantly in renovations prior to the collapse and argued for the issuance of a COA without conditions.

The HHC's ruling underscores the ongoing tension between preservation efforts and property development in Houston, as stakeholders navigate the complexities of historic preservation laws. The board's decision sets a precedent for future cases involving similar circumstances, emphasizing the importance of compliance with preservation regulations.