Not quite. The oilman challenged the decision with the Fifth Circuit Court of Appeals on the grounds that the fairness in housing act doesn't explicitly say an offer needs to be written. But what does say that, if you'll recall, is the statute of frauds, said Matthew Festa, a professor of administrative law at South Texas College of Law. Regardless, appeals went forward. And while that was going on, Berg took it a step further, shooting off an "emergency" request to the United States Supreme Court in early March. He wanted the court to stop any further transfer of the house; Justice Antonin Scalia denied Berg's request that day. In August, the Fifth Circuit Court of Appeals, in a three-judge panel, rejected Petrello's case, but for an entirely different reason — namely that Petrello had offered less money than Nath, negating claims of discrimination. (At trial, Berg said Petrello's oral offer was cheaper than Nath's because of waived broker's fees.)
Meanwhile, amid this legal maelstrom lawyers predict could only end at the U.S. Supreme Court, the Naths have today spent five years in their Shadyside mansion. The Pruckas are gone — and, in one more baffling turn, so are the Petrellos, who neighbors and lawyers say reside at the Hotel Granduca, perched along Uptown Park Boulevard near River Oaks. No one has lived in the Petrellos' house for nearly three years.
Photo by Patrick Bertolino
Tony Petrello's house (left) and Rahul Nath's home (right) have little space between them. If Petrello ultimately succeeds in buying Nath's house, he'll have the largest estate in Shadyside.
Photo by Patrick Bertolino
Tony and Cindy's art collection is renowned in Houston...
Details
Related Content
More About
Before noon on December 30, 2009, Petrello's house burned. The flames slathered the interior in soot and ash. Nearly 100 firefighters swarmed Shadyside that day. The Petrellos haven't been around much since, and reconstruction on the mansion hasn't yet begun — presumably, one Shadyside resident said, because Petrello may yet wrench the Naths' house away by some measure of legal wizardry.
"All the assumptions are that this will go on forever," that resident said. And, as such, reticence to talk about the housing dispute lingers. Residents close doors on those who ask, scared they too will take lawsuit shrapnel.
So for now, everyone waits. They wait to see if there will be more appeals. They wait to see if the burnt house will be rebuilt. They wait to see what Tony Petrello will do next.
terrence.mccoy@houstonpress.com