Lawsuit Over Eminent Domain Could Snarl Bush Library Plans

[dcpony]

Lawsuit Over Eminent Domain Could Snarl Bush Library Plans
BY MEGHAN CLYNE - Staff Reporter of the Sun
February 17, 2006
http://www.nysun.com/article/27794

DALLAS - The school favored to host the George W. Bush Presidential Library, Dallas's Southern Methodist University, may encounter a snag next week in the form of a lawsuit alleging that the school has improperly seized local homes in order to secure land for the proposed library site.

Amid increasing outrage among Republicans over the use of eminent domain and other coercive measures to obtain private property for public projects, a case in Dallas County's 134th Civil District Court, which is set to begin on Tuesday, will determine whether the university violated its legal obligations to local homeowners in an effort to secure the land currently occupied by the University Gardens condominium complex, a potential library site.

"They're taking my home," said Gary Vodicka, one of the litigants and a University Gardens owner and resident, yesterday.

The case comes as the competition for the $200 million to $300 million library, which has had some schools making plans to attract the memorial since before President Bush's election in 2000, draws to a close, and could end any time in the next six weeks.

A party to the library competition told The New York Sun this week that a member of the library selection committee said a decision was expected sometime within the first quarter this year, or before March 31 - a date moved up from previous projections that the library site would be announced in the second quarter.

A spokesman for the head of the selection committee, former Bush commerce secretary Donald Evans, said the selector was declining to comment on all aspects of the competition as the committee reviewed the proposals, including the selection date.

Mr. Evans is co-chairman of the selection committee, along with Mr. Bush's brother, Marvin Bush, and the third member is a Bush cousin, Craig Stapleton. Three of Mr. Bush's top advisers - White House Chief of Staff Andrew Card, deputy chief of staff Karl Rove, and White House Counsel, Harriet Miers - are also helping the selection committee.

The competition for the library is intense among the four schools that were announced as finalists in October last year. Mr. Bush limited proposals to institutions in Texas, where the Bushes plan to return after they depart the White House in 2009. In addition to the prestige offered by a library, many cities are keenly aware of $1 billion in revenue the Clinton library has already brought to the Little Rock, Ark., area since it opened in November 2004.

Mr. Bush's options now include SMU, located in the upscale University Park area of Dallas; Baylor University, a Baptist school in Waco; the University of Dallas, a small Catholic college in Irving, a suburb of Dallas; and Texas Tech University, a public school located in Lubbock, as part of a West Texas Coalition that involves more than 10 educational institutions across the western part of the state who have promised to spend $500 million on the scheme.

SMU has long been considered the favorite to receive the library, principally because of its ties to the Bushes and their advisers. Laura Bush received her undergraduate degree in elementary education from the school in 1968 and since 2000 has been a member of its board of trustees. Vice President Cheney was in 1996 the "diplomat in residence" at SMU's John Taylor Center for political studies, and also served as a trustee. Bush adviser Karen Hughes, and White House counsel Harriet Miers - who is also advising the library selection committee - possess SMU degrees.

It also anticipated that, after their White House years, the Bushes will relocate to Dallas, where they lived from 1988 to 1994. The president and first lady remain members of the area's Highland Park United Methodist Church. The area is also home to some of Mr. Bush's most generous political donors, many of whom are also expected to contribute to his future presidential library foundation.

Mr. Vodicka said yesterday that SMU's being awarded the library is "a done deal," but that he hopes his lawsuit will succeed in preventing the school from destroying his home in order to build it. SMU is located in one of the most expensive and exclusive areas of Texas, and, while it will not disclose the acreage it has to offer a future library, is said to have little land to offer in comparison to its competitors, all of which are proposing at least 100-acre sites for the library.

Mr. Vodicka's lawsuit, filed in the fall, seeks to prevent the university, which officially bought the property in mid-December but issued vacate notices last spring, from destroying the condominiums by declaring the university's actions in obtaining the property to be illegal.

According to Mr. Vodicka, who is also a Dallas-based litigation attorney, SMU has progressively stacked the board of University Gardens with university employees since around four years ago, and the board has since failed to perform maintenance on the complex. At the same time, the school has been purchasing units in University Gardens, and according to an SMU "fact sheet" about the land deal, the school owned 93% of the complex's 347 units when "SMU moved that the property be declared obsolete and put up for sale."

Mr. Vodicka said the board's failure to maintain the complex was part of a comprehensive tactic used by SMU to drive owners out of University Gardens. The school has used the building for student housing and, Mr. Vodicka said, told tenants their property values would go down owing to the increased noise, greater traffic, and greater exposure to crime and vandalism that would likely result from student use - even as Mr. Vodicka says condos have been purchased by SMU for progressively higher per-square-foot prices.

Ultimately, SMU commissioned a study saying the cost of performing necessary upgrades to the complex would be $12 million, an expense that obliterated justifications for the condominiums' continued existence.

The lawsuit alleges that these tactics, as well as an alleged violation of the Univeristy Gardens bylaws in order to put the complex up for sale, mean the land deal was illegitimate and that a jury should recognize the remaining independent owners' rights to keep their homes.

"To acquire the land to build the Bush Library they have breached numerous legal obligations, they've intimidated, misrepresented things, kicked old people out of their homes," said Mr. Vodicka, who owns four units in the complex. "It's amazing to see how ruthless a Christian university can be."

"They want to take my home," he added, saying it was paradoxical that "homesteads" would be seized for the library of a Republican president. "It's in the spirit of all this eminent domain crap ... Where's the notion of private property in this country?"

A spokesman for SMU, Brad Cheves, responded yesterday that the land deal was entirely unrelated to the school's efforts to obtain the library, and that SMU had been interested in University Gardens since 1998, long before planning for the library began.

While Mr. Cheves said last week that the school has decided the library will be on its campus, it has declined to disclose any of the proposed sites, and he would not comment on whether the 12 acres occupied by University Gardens was one of them. Mr. Cheves said yesterday that "it would be our intent to demolish some pieces of University Gardens," but said the land could be used for a number of the school's needs, including "intramural fields."

Mr. Cheves added: "These two investors are doing what they think they need to do to maximize their investment, and I certainly understand that," but said the school had been "extremely consistent through the process."

Mr. Cheves also said the school would fully cooperate with the legal process-which could imperil the secrecy that has shrouded the four finalists' proposals to date.

Mr. Vodicka is in the process of issuing subpoenas to the four finalist institutions in order to obtain their full proposals. If he succeeds, he said, the proposals - the details of which have remained largely undisclosed - could become court documents available to the public, and to the competing institutions. At least one of the finalists yesterday had already received notice of the subpoena.

Some parties to the library competition yesterday expressed concern that the lawsuit could embroil SMU in a controversy that might prove harmful to its bid, but Mr. Cheves said there was no concern about any threat posed by the lawsuit, repeating that the University Gardens matter and the efforts to obtain the library were separate issues.

Four Universities Race To House George W. Bush Library

SOUTHERN METHODIST
University Park, Tex. (near Dallas)
ODDS: FAVORITE

PROS

Bush Ties - Laura Bush received her undergraduate degree from SMU in 1968 and sits on the school's board of trustees; then-Governor Bush donated $250,000 to the university in 1999 to create the Laura Bush promenade and garden in front of the school's library. In 1996 Vice President Cheney became an SMU "diplomat in residence" and was named to the school's board of trustees; other Bush intimates - including adviser Karen Hughes and White House counsel Harriet Miers (who is also part of the library selection process) - have SMU degrees.

Location - The Bushes are said to be planning a return to Dallas upon vacating the White House in 2009. They are members of the Highland Park United Methodist Church near SMU.

Potential Library Foundation Donor Base - SMU is neighbor to Bush's most generous backers; the school's zip code, 75205, was the second highest contributing area to Bush's 2004 re-election campaign, and the top-donating zip code to his 2000 presidential bid.

CONS

Location -SMU has the least land to offer of any of the four finalists, and is located in one of the most exclusive (and expensive) neighborhoods in Texas.

Legal Nettles - SMU is currently embroiled in a lawsuit alleging the school violated its legal obligations to local residents and forced them out of their homes ito secure land for the library.

Frontrunner Status - SMU has long been identified as the favorite in the contest, and has drawn the most negative attention and comparisons from backers of other schools and lacks the underdog appeal of its competitors.

WEST TEXAS COALITION/TEXAS TECH
Lubbock, Tex.
ODDS: EVEN

PROS

Hometown Advantage - The Bushes met and spent their early years in West Texas. Laura Bush calls Midland, Tex., part of the coalition, home - as does former Commerce Secretary Donald Evans, co-chairman of the library selection committee, who lives and works in Midland. Renovation and maintenance of the George W. Bush Childhood Home in Midland as a historic site is part of the Coalition's proposal. The Coalition's video proposal before the selection committee featured the Bushes' matchmaker, Bible-study friends, former teachers, and neighbors greeting the president and first lady with the message "Welcome home."

Location - Lubbock and West Texas boast wide-open spaces, natural beauty, and country friendliness. Coalition leaders pledge that visitors to the library will learn the most about the Bushes by the way West Texans treat them. More remote locations pose less of a security risk than Dallas. Texas Tech is about 30 minutes from Lubbock International Airport, serviced by major carriers and about an hour's flight from Dallas.

Texas Tech University -The only public school in the "final four," which backers say provides more stability for the library than private institutions.

CONS

Location - Lubbock is the most remote of the contenders, and the city offers little else in the way of cultural institutions or attractions.

Public Schooling - Texas Tech is up against three faith-based institutions: Baylor (Baptist), the University of Dallas (Catholic), and SMU (Methodist), lacking the religious appeal to a president who has been very public about his Christian faith.

Last Minute Entry - The West Texas Coalition jumped into the race only months before the proposal deadline.

BAYLOR
Waco, Tex.
ODDS: EVEN

PROS

Proximity To The Ranch - Baylor is the school closest to the "Western White House," some 20 miles from the president's famed Prairie Chapel Ranch in Crawford, which Mr. Bush has said he plans to make part of his post-presidency and which has partnered with Baylor to become part of the school's proposed presidential library attractions.

Best Of Both Worlds - Waco is a two-hour drive from Dallas airports, lodging, and entertainment, and the proposed library site is located alongside Interstate 35, one of Texas's major transportation arteries. Yet Baylor is far enough removed from Dallas to avoid congestion, and is rural enough to offer a large swath of land for the library overlooking the Brazos River.

Academic Appeal - Baylor is well known to President Bush, who has hosted economic forums and other major events at the school. The university also has extensive international programs, including ties to academic institutions in Iraq and Afghanistan, which it says complement Mr. Bush's focus on a pro-democracy think tank.

CONS

Site - Located next to a former chemical plant that contaminated local groundwater. Area said to have been cleaned up, with the help of $200,000 in federal grants.

Student Opposition - Anti-Bush Baylor students circulated a petition, which one student said "got a lot of signatures," asking that the library not be located at Baylor.

"Davidian Stigma" - Waco is perhaps best known for housing David Koresh's Branch Davidian cult, on the receiving end of a 51-day siege by the Clinton justice department that ended in the compound's fiery destruction and the deaths of around 80 cult members and 4 federal agents.

UNIVERSITY OF DALLAS
Irving, Tex. (near Dallas)
ODDS: OUTSIDER

PROS

The Land - Laura Bush is said to be enamored of UD's proposed site, almost 300 acres offering spectacular vistas of downtown Dallas.

The Politics - Dallas enjoys a reputation for being very Catholic, and very conservative.

Flexibility - The University of Dallas has offered to team up with other institutions in order to win the library; observers have expressed surprise that land-starved, connections-rich SMU has not partnered with land-rich, connections-starved Dallas to make the library bid all but a sure thing.

CONS

The Academics - The University of Dallas is around 50 years old. While it has earned a reputation for offering a top-notch Catholic liberal-arts education, UD is a small institution lacking many of the archival, financial, and academic resources of its competitors.

The Campus - UD has the least attractive campus setting of the four finalists, lacking in natural attractions, major libraries or museums, or large-scale dining options and recreational space.

The Religion - Dallas is an unmistakably Roman Catholic school - a plus for Catholics, but a minus for visitors suspicious of the Vatican, hostile to the church, or uncomfortable at the sight of crucifixes in public spaces.

February 17, 2006 Edition > Section: National > Printer-Friendly Version

[Bergermeister]

Bring in the City of Arlington to handle it. I know it's the principle of the thing, but what a freakin' waste of time and money.

[giacfsp]

Put the library in Arlington.
Better yet, nuke the Texas Motor Speedway and build it out there. Then there's no land restriction issue.

[Stallion]

the University Gardens issue has nothing to do with eminent domain like the article suggests does it. Seems like SMU just got a controlling interest in the Condominium Regime and decided to abandon the condominium.

[Cheesesteak]

SMU needs to win and host the Bush Presidential Library.

SMU appears to be taking the appropriate steps to accomplish the aforementioned goal.

[EastStang]

Sounds like the guy is just trying to stick up the University for more money and since he's a litigation attorney, it doesn't cost him anything other than time to harrass the University. He says they're taking his home, I guess he isn't a very successful attorney if he's living in Unversity Gardens. Wanna bet its been a rental for years.

[RE Tycoon]

I've really grown to hate "journalists", as Stallion said, this has nothing to do with eminent domain. As a private university we have NO eminent domain power. Not only did the guy who lives in the UG claim that's what happened, the NYT alluded to this throughout the article. Another thing I hate is when people refer to SMU as a Methodist University, or in this case Christian. I have no problem with religion, but I wish people would get their facts straight before making statements as facts. This guy is obviously looking to make a quick buck with an out of court settlement that he knows the University will "pony up" to negate anymore negative press.

[Roach]

I've really grown to hate "journalists", as Stallion said, this has nothing to do with eminent domain....

Unless I mis-read the story, the journalist didn't say it has anything to do with eminent domain .... she quoted the resident as saying that, which means no more than someone saying the officials cost his team a game or a coach saying a player is bigger, stronger or faster than he is. It's just quoting someone's opinion.

.... the NYT alluded to this throughout the article....

New York Sun (which I've never heard of) -- not the Times.

[EastStang]

There wouldn't be a story like this out of New York. The place would have had a fire of unknown origin and wouldn't be there anymore. Trust me, I've seen it many times. "Sorry to hear about the fire in your factory". "Shut up", his friend responds, "the fire happens tomorrow".

[SMU Football Blog]

Journalists are the worst. When I was in politics, the DMN writer assigned to the biggest race I worked on was an unbearable, biased moron. Then as a lawyer, I was tangently involved in a case that had a lot of media attention. I sat right behind the WFAA reporter at every hearing. The nightly news was a nightly disaster; I wondered every night whether the guy paid any attention at all, because he was dead wrong about the result of every hearing.

[EastStang]

Reporters have to be spoon fed nowadays. The reason the Press didn't learn about Cheney's mishap was because no one was camping out at the police station or had their police radios on. Journalism 101 folks. Now, you have to tell them what they heard (which they call spin if they don't like your point of view).

[OC Mustang]

It is the John Tower Center, not the John Taylor center. A lot of care went into this article, I tell you.

A consortium of investors including people from Lincoln Properties, Raven Properties (Gov. Clements), and Phoenix Properties (i.e. the builders and original proprietors of Knoxbridge as well as the original revival (pre-Crate & Barrel) of Knox/Travis area.) originally looked at the Gardens back in 1994 and began quietly to pick up properties in the tract. When it became painfully evident that the time horizon would not be conducive to a decent ROI, they abandoned the effort. The general consensus among people I knew was that the Gardens was going to die a lingering death, but it would eventually be reclaimed by SMU or by the Mockingbird Station development (at the time only an idea). Originally, nobody ever contemplated a Presidential Library, so the notion that this is only going on because of the library is silly. I empathize with him losing his home, but he has been offered money for it, and SMU has been setting expectations for this for at least a decade. The dude has been either conveniently blind or obtuse beyond measure to have ever considered in the last ten years that this location was going to remain "University Gardens". So any indignity he claims in feigned surprise that he is in this spot is poppyc-ck and designed to get a bigger payday.

[that's great raplh]

this article was written by the ny sun, not the new york times

the sun is a liberal rag given away free on street corners

[RE Tycoon]

I've really grown to hate "journalists", as Stallion said, this has nothing to do with eminent domain....

Unless I mis-read the story, the journalist didn't say it has anything to do with eminent domain .... she quoted the resident as saying that, which means no more than someone saying the officials cost his team a game or a coach saying a player is bigger, stronger or faster than he is. It's just quoting someone's opinion.

.... the NYT alluded to this throughout the article....

New York Sun (which I've never heard of) -- not the Times.

Roach,
You mis-read my post and maybe the article too. I realize that the journalist quoted the guy and I stated that in my post. I said the "NYT (which I concur is incorrect, it is the "Sun") ALLUDED" to eminent domain which it did in the story and the headline. That was my point, it was irresponsible journalism, irregardless of politics you should be objective when you write under the guise of "journalist" or "reporter".

[PonyPride]

Journalists are the worst.

Just who do you think runs this site? There are some very good ones out there, and there are some very poor ones out there, and a lot in between....

....When I was in politics, the DMN writer assigned to the biggest race I worked on was an unbearable, biased moron. Then as a lawyer, I was tangently involved in a case that had a lot of media attention. I sat right behind the WFAA reporter at every hearing. The nightly news was a nightly disaster; I wondered every night whether the guy paid any attention at all, because he was dead wrong about the result of every hearing.

So because you ran into two who didn't do the job you thought it should be done, you're going to badmouth the whole industry?

Reporters have to be spoon fed nowadays. The reason the Press didn't learn about Cheney's mishap was because no one was camping out at the police station or had their police radios on. Journalism 101 folks. Now, you have to tell them what they heard (which they call spin if they don't like your point of view).

So if I'd been camped out at the local police station, the local department would have issued a statement saying "hey, guess what, Cheney shot a guy...."? Can you imagine the local Andy Griffith trying to issue that statement before the Vice President's office kicked the spin control machine into gear? Not a chance.