01/04/2014
Many in the Blanco community and our Facebook friends have asked that we provide an update of the lawsuit with the Blanco ISD Board regarding our legal battle over our American Legion building. We have also received questions regarding postings that have appeared on Facebook and articles in local media. In this, and subsequent Facebook posts, we will answer these questions. The Post 352 veterans and auxiliary thank community members, local businesses, fellow veteran organizations, and the 500+ individuals who have expressed their support in defense of our rights.
Why a lawsuit? After 65 years into our 99 year contract, on August 29, 2013, a 10 day eviction notice was posted on our door by Houston attorney Paul Hunn stating he represented the Blanco ISD Board of Trustees and we had to leave our building or face legal proceedings. Our only reasonable alternative against this threat was to file a lawsuit to protect our rights. We are represented by our local attorneys, Tex Riley and Chelita Riley.
Did you know they wanted you to leave? We were approached in late spring of 2013, before the eviction notice was posted, and asked to consider moving. No one would tell us why. We met on different occasions with school district officials, and we asked several times for something to be put in writing but received nothing from the school district officials.
Did you know they were going to attempt to evict you? No. The school board's actions came as a total surprise. Neither posted school board meeting notices required by the Texas Open Meetings Act nor school board meeting minutes reflect any notice to us or to the public that the school board intended to evict us or hire an attorney to threaten us with eviction.
Who owns the building? WE DO. The building was built and paid for in 1948 by our returning WWII veterans under a written agreement with BISD (then known as “The Blanco Rural High School District Number 1”). This is documented by the Certificate of Resolution signed by W. L. Byers, the school board secretary, and recorded in Volume 19, pages 320-321, of the Blanco County Clerk’s Deed of Trust Records (see below for complete certificate of resolution).
We will continue to own our Post building until our contract and agreement terminates in 34 years. After that happens, title to the building will become vested in BISD—but not before.
What does the school board want to do with your building? Neither the school board trustees nor the school district superintendent have been willing to tell us.
Mediation will take place on January 31, 2014.
Would it have made sense to mediate earlier? Unfortunately, no. The lawsuit was filed in the Blanco County District Court in earlier September. BISD removed the case to federal court in Austin where it took until October 15 to defeat the removal by showing the federal court it did not have jurisdiction and to get the case returned to the Blanco County District Court. After that an investigation was required to sort out 65 years of legal history and related issues and to coordinate schedules of everyone involved to arrive at a workable mediation date.
--------------------------------------------------------------------------------------------------------------------------------------------------------- RECORDED CERTIFICATE OF RESOLUTION December 15, 1948
A regular meeting of the Board of Trustees of The Blanco Rural High School District Number 1 was held at the above date, a quorum being present, and the following Resolution was regularly introduced and adopted:
WHEREAS on June 9, 1948, at a regular meeting of the Board of Trustees of Blanco Rural High School District Number 1, Blanco County, Texas, said Board of Trustees did by legally adopted resolution authorize its President to enter into a contract and agreement with American Legion Memorial Highway Post Number 352, Blanco County, Texas, to lease to the said American Legion Post for a period of Ninety NINE years the following described premises, to wit:
BEGINNING at a point on the North Boundary line of the High School campus 170 feet East from the N.W. Corner thereof; THENCE S. 70 E. with said line 60 feet to corner; THENCE S. 20 W. 100 feet to corner; THENCE N. 70 W. 60 feet to corner; THENCE N. 20 E. 100 feet to the place of beginning. AND
WHEREAS such lease was authorized for the mutual benefit of said School District and of the American Legion Post, and for the purpose of enabling said American Legion Post to construct a building on the North side of the Campus of said School District, for the dual purpose of establishing a class room and work shop to be used by the Veterans Vocational Agricultural School, Blanco County, and for an assembly hall and recreation room for the said American Legion Post; AND
WHEREAS said resolution specifically provided that in case of the demise of said American Legion Post and the abandonment of the premises for the purposes for which construction of a building on the premises was authorized, that the lease would be cancelled and all improvements constructed by the American Legion Post would become the property of The Blanco Rural High School District Number 1; AND
WHEREAS, pursuant to authority contained in the aforementioned Resolution the President of the Board of Trustees of Blanco RURAL High School District Number 1, did, on June 9, 1948, enter into a contract and agreement with the aforesaid American Legion Post leasing the above described premises for a period of NINETY NINE years, said lease containing a clause giving title to any improvements constructed on the leased premises to the Rural High School District in the event of the demise of the American Legion Post and the abandonment of the improvements for the purposes for which construction was authorized; AND
WHEREAS the American Legion Post has erected on the leased premises a substantial building of a value exceeding $5000.00, and is indebted for monies expended to complete said improvements, and is required to obtain a loan of about $l,000.00 to pay off its present creditor; AND
WHEREAS the improvements constructed on the leased premises are being used for School purposes and it, therefore, appears to be to the benefit of Blanco Rural High School District Number 1, and in the public interest for the said American Legion Post to refinance its present indebtedness by a commercial loan which may be renewed from time to time;
THEREFORE, BE IT RESOLVED, that for the considerations herein stated, the Board of Trustees of Blanco Rural High School District Number 1, Blanco County, Texas, does, until the present indebtedness against the improvements constructed by the American Legion Post on the leased premises is completely paid off and discharged, SUSPEND, WAIVE and QUIT CLAIM its reversionary interest in the improvements constructed on said premises, giving and granting the American. Legion Post the right to pledge, hypothecate or mortgage its entire interest in the leased premises to and in favor or any individual, bank or lending agency as security for refinancing THE PRESENT EXISTING INDEBTEDNESS ONLY. It is intended hereby to grant to any individual, bank or lending agency the right to accept a pledge, hypothecation or mortgage on the lease to the afore described premises, with the improvements erected thereon by the American Legion Post, to foreclose according to law, to remove said improvements or to util1ze the same for any lawful purpose.
BE IT FURTHER RESOLVED THAT the Board of Trustees reserves to itself and its successors the prior right, in the event of foreclosure proceedings to pay off and discharge any remaining indebtedness against the leased premises.
The above and foregoing is a true and correct copy of the Resolution adopted by the Board of Trustees of the Blanco Rural High School District No. l on December 15, 1948, as the same appears of record in the Minutes of said Board; and to certify which, I have hereunto affixed my hand and the seal of said District on this the 21st day of December, A. D. 1948. W. L. Byars SECRETARY
FILED FOR RECORD DECEMBER 23, A.D. 1948 at 8 A.M.
C. H. STEVENSON, COUNTY CLERK, BLANCO COUNTY, TEXAS
RECORDED DECEMBER 27, A. D.1948 at 1:35 P.M
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