In a 3-2 decision Aug. 12, the Board of Adjustment for the city of Dallas denied the appeal of Lakewood resident Jamie Pierson, to overturn the issuance of a building permit by a city of Dallas buildings official, on a four-story, 14-unit apartment complex at 6159 Oram St.

Four votes were needed to approve the appeal. The two nay votes were issued by board members Benny R. Gabriel and Rob Richmond.

At issue was the use of a "dirt skirt" by the builder to build a structure taller than city code allows. A dirt skirt is an elevation of dirt that is placed along the side of a new structure. The technique is used to create the semblance of higher ground than what actually exists. In the case of the Oram property, residents contend the developer circumvented the building code when the dirt was placed alongside the four corners of the building in the form of planter boxes.

"I think it's ridiculous. It's akin to building a flower box. It's absurd," said Brandon Kulwicki, a Lakewood resident who lives in the vicinity of the structure.

Pierson's attorney, Jonathan Vinson, said the city's buildings official made a mistake in granting the permit, but should not be "bound by this error."