Two organizations, Class A Investors Post Oak, LP, and Cosmopolitan Condominium VP, LP, owned adjacent pieces of property in Houston, Texas. Each owner-organization planned to build a high-rise tower on its lot. The organizations signed an agreement that granted each of them an easement in the other’s property to “facilitate the development.” Cosmopolitan built its residential high-rise first. Later, Class A began moving forward with its plan for a mixed-use high-rise. Cosmopolitan objected that the proposed tower would “be vastly oversized for its proposed location; situated perilously close to [Cosmopolitan’s] building; create extraordinary traffic hazards; impede fire protection and other emergency vehicles in the area; and substantially interfere with the use and enjoyment of [Cosmopolitan’s] property.” [Cosmopolitan Condominium Owners Association v. Class A Investors Post Oak, LP, 2017 WL 1520448 (Tex.App.—Houston 2017)] (See Ownership and Other Interests in Real Property.) 

(a) On what basis can Class A proceed with its plan? Explain, using the IDDR approach. 

(b) On what ethical ground might Cosmopolitan continue to oppose its neighbor’s project? Discuss.