Bush Library/Lawsuit

[Kappas Are Yummy]

Death threats??? Well when you are a jerk I suppose you can expect to get some of those. Of course he didn't specifically say the threats were related to the current litigation...now did he?

MM1965 -- I'm looking your way...

[CalallenStang]

SMU's response to the delay tactics should be to deem some other segment of land as the library site. The only reason why Vodicka is pursuing this is because he's anti-Bush.

[jtstang]

The only reason why Vodicka is pursuing this is because he's anti-Bush.

I don't know about his politics, but I suspect another reason is he's pro-money.

[CalallenStang]

The only reason why Vodicka is pursuing this is because he's anti-Bush.

I don't know about his politics, but I suspect another reason is he's pro-money.

I posted an article somewhere on here that said he was a major donor to the Kerry campaign

I think he's pro-money as well, but if he would step back he would realize that there is no way he's going to recoup enough money to justify his efforts, even if he does somehow win this case (and we have more chance of beating UT in the national championship than him winning the case)

[jtstang]

I think he's pro-money as well, but if he would step back he would realize that there is no way he's going to recoup enough money to justify his efforts, even if he does somehow win this case (and we have more chance of beating UT in the national championship than him winning the case)

Thank you for your legal analysis. Now please brief me on the subtantive reasons for his inability to prevail.

[CalallenStang]

I think he's pro-money as well, but if he would step back he would realize that there is no way he's going to recoup enough money to justify his efforts, even if he does somehow win this case (and we have more chance of beating UT in the national championship than him winning the case)

Thank you for your legal analysis. Now please brief me on the subtantive reasons for his inability to prevail.

jt, as a lawyer you know he has no case..."strong arm tactics?" Has he any proof? Not that I can see. SMU owns enough of the units that they can rightfully tear down the building (or at least I think I read that) and the only thing Vodicka can try to say is that they were wrongfully obtained. Since he has no proof, he won't win.

[smu diamond m]

Stay lifted in University Gardens case
Case will proceed in state district court in August


By Mark Norris, Managing Editor, [email protected]
July 17, 2006

Judge Harlin D. Hale ruled Monday that the bankruptcy filing of Gerry Jetton played too small a role in the University Gardens litigation to delay it further and lifted a stay ordered by the state district court to allow the litigation to proceed.
Brad Cheves, SMU’s vice president for development and external affairs, said the judge’s ruling is "hopefully a step in ending the litigation and will make it possible for this to be resolved."
Gary Vodicka, the man at the center of the original case, said he "fully expected [the judge] to do that."

The ruling came Monday afternoon in a Northeastern District of Texas bankruptcy court. The case was originally before Judge Barbara Houser, but Vodicka said he filed a motion late Sunday to have the judge removed from the case because of her position as an adjunct professor in the Dedman School of Law.

Houser recused herself Monday morning and forwarded the case to Hale.
The next hearing in state district court has not been set yet, but both sides say it will be sometime in August.

The motion to move the case back to state district court ends one delay in the lengthy litigation over University Gardens and its role as a possible site for the George W. Bush Presidential Library.

SMU reiterated in court Monday that the site could be used for intramural fields or student housing, not just for the possible library.

Vodicka said that SMU is using "smoke screens and mirrors" in its effort to gain control of the property. He said that in a July 3 deposition, university comptroller John O’Connor said he had viewed plans that had the library on the University Gardens site.

Vodicka said he hopes that the 3-D model of the proposed library will be allowed to be shown as part of the district court trial because it would show SMU’s true intention for the property.

The next date of interest in the saga is August 4, when SMU, Vodicka and co-litigant Robert Talfel are scheduled to sit down for a mediation session. The June 27 session never occurred because Talfel and his lawyers were not able to attend.

[smu diamond m]

Maybe I missed something, but why is the use of the property relevant? Isn't the case based on whether or not SMU paid market value/bullied the owners into selling?

[SMU Football Blog]

Vodicka is in it for the money. I still don't see what case he really has. I don't think he believes he has much of a case, and thus the bankruptcy tactics. Eventually, he is going to lose and he won't be able to afford a bond up for a stay pending an appeal. He overplayed his hand.

[smu diamond m]

Vodicka is in it for the money. I still don't see what case he really has. I don't think he believes he has much of a case, and thus the bankruptcy tactics. Eventually, he is going to lose and he won't be able to afford a bond up for a stay pending an appeal. He overplayed his hand.

So, the use of the property is irrelevant?

[EastStang]

Clearly, Vodicka figures that if he gums up the works and becomes a big enough pest, SMU will have to pay him some major coin to go away or risk losing the Bush Library. That is why the use is important stategically, not legally. As to value paid for these units, a good indication is what SMU paid the other owners that sold on an arms length basis. As long as this clown was offered that kind of money, he has no claim at all. If on the other hand, SMU low balled him compared to prices paid to others, then he might have some facts to work with.

[SMU Football Blog]

I read the transcript to the bankruptcy court hearing. Vodicka laid out his entire case to Judge Hale. His case is pretty weak. Basically, he says that even though SMU owned 90% of the units in the condo complex, SMU was entitled to only one vote in the association because SMU was only one "owner." It requires a pretty strained reading of the condo rules to reach that conclusion.

[Eddie P]

That sounds like an excuse one of my interns would make when trying to justify why they did not do what they were supposed to do. People can come up with a number of fantastic scenarios when they are trying to pull their [deleted] out of a sling.

[SMU Football Blog]

http://www.smudailycampus.com/vnews/dis ... a9a6a01e42

SMU's Motion for Summary Judgment hearing was scheduled for today and now has been postponed.

The hearing for summary judgment in the University Gardens case was delayed late last night according to information from SMU Public Affairs.

The hearing in the 101st District Court of Dallas County was scheduled for today at 1:30 p.m., but was cancelled for an undisclosed reason.

Gary Vodicka could not comment on the delay, and said he was unaware that any change had been made in the schedule.

The delay continues the ongoing saga between condo owner Vodicka and the university.

A new hearing date has not been set.

Me thinks there might be a settlement in the works.

[Bergermeister]

I guess GWB is waiting to get this nut/creep paid-off to give the "official" announcement (as if there is anyone who hasn't figured it out).

(p.s. methinks=1 word)