Lawsuit may jeopardize SMU bid for Bush libraryBy ANNA M. TINSLEY
STAR-TELEGRAM STAFF WRITER
Robert Tafel believes the future George W. Bush presidential library should be in Dallas.
But Tafel, a dentist, isn't backing down from a lawsuit against Southern Methodist University over a condominium complex that some speculate could be the site of such a library.
This week, a federal judge ruled on one of several issues pending in the case, giving SMU clear title to the complex -- a move that could clear the way for the university to take possession of the property.
But Tafel's attorney said he plans to ask the judge next week to freeze the ruling while it is appealed, which some say might put the college's site proposal in jeopardy.
"Dr. Tafel is not against the presidential library being in Dallas. He thinks it should be there," said Larry Friedman, a Dallas attorney representing Tafel, who filed the initial lawsuit with Gary Vodicka. "He's against the process SMU used in their attempt to acquire" the property.
"Now the question of title [could be] tied up in the Court of Appeals for a year or more."
SMU officials say they are pleased by this week's court ruling and believe that it should not be delayed.
"All that is hypothetical and conjecture at this point," said Brad Cheves, SMU's vice president for development and external affairs. "It should not be stayed, and it should not be overturned."
This comes as a site selection committee has indicated that it may decide where Bush's future library will be in the coming months.
Three contenders remain -- SMU, Baylor University and the University of Dallas -- and speculation swirls that the library could cost as much as $500 million. Many say SMU is the front-runner because it's first lady Laura Bush's alma mater.
But some wonder whether the proposed appeal and possible halt of decision could hurt SMU's chances.
"SMU by all accounts is rumored to be their first choice. But if this could be held up in the courts for a long time, the committee might move on to a different campus," said Allan Saxe, an associate professor of political science at the University of Texas at Arlington. "If this is going to be tied up in court, the University of Dallas or Baylor could probably make their move now, saying they have the land and they're ready to move on this.
"It's the logical thing to do," Saxe said. "Although, if the President and Mrs. Bush really want SMU, they can say they'll wait or see if SMU can expedite the court decision."
Cheves said SMU plans to evict any remaining tenants and demolish the complex as soon as the university can legally move forward. He said the property is key for SMU's "future strategic expansion" and could fill needs such as athletic fields, student housing and other facilities.
Tommye Lou Davis, director of the Bush library project for Baylor, said she doesn't know whether the court ruling will affect the committee's decision. University of Dallas President Frank Lazarus could not be reached for comment.
U.S. District Judge Jerry Buchmeyer ruled this week, in a partial summary judgment, that SMU has legal title to the University Gardens condominiums.
Tafel and Vodicka filed the lawsuit last year, saying that the university used intimidation and fraud to take the property for the library site. SMU officials have said they bought the property legally.
News reports have identified potential sites for a library, including this land, but SMU officials haven't publicly named sites.
Friedman said he plans to appeal this week's ruling to the Fifth Circuit Court of Appeals in Louisiana. "The issue is still open," he said.
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Anna M. Tinsley, 817-390-7610
[email protected]