Difference between revisions of "User:RahalMccall69"

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(Baylor sues alumni association over trademark use, says BAA abandoned 鈥榗haritable purpose鈥?)
(Federal judge orders Baylor into mediation over alumni center)
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The school also claims in the <a href=http://www.aec-ist.com/css/Gucci-Belts-Sale-History-Models-Black-Friday.html>Gucci Models</a>  suit that the BAA has abandoned its original 鈥渃haritable purpose,鈥?and asks for the association to either be terminated or 鈥渞eformed and limited to the provision of financial aid to Baylor and Baylor students.鈥?
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The Hughes-Dillard Alumni Center was to be razed this month as part of an agreement between the alumni association and Baylor. The university wants to use the site for a plaza leading to a pedestrian bridge that will connect the campus to the football stadium under construction on the opposite bank of the Brazos River.
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The suit, filed late Friday in McLennan County鈥檚 74th State District Court, charges that Baylor previously terminated licensing agreements that permitted the BAA to use the university鈥檚 name, but that the organization has continued using the registered trademarks despite Baylor鈥檚 objections.
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But U.S. District Judge Walter Smith Jr. signed a temporary injunction July 2 halting <a href=http://www.aec-ist.com/css/Gucci-Discount-Real-Belts-Bikini-Makeup-Bag.html>Gucci Discount</a>  the demolition in response to a suit filed by Chicago banker Kurt Dorr alleging that the move needed the approval of the alumni association鈥檚 membership.
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  Baylor is seeking a judgment barring the group from continuing to hold itself out as the university鈥檚 official alumni association and injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial aid to Baylor students.鈥?
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  Baylor; BAA; the group鈥檚 past president, Elizabeth Coker; and its current president, Collin Cox,鈥╝re named as defendants, although Dorr鈥檚 attorneys have filed a motion to dismiss Baylor as a party.
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  The lawsuit comes less than three weeks after a letter Baylor President Ken Starr sent to the BAA鈥檚 board of directors advising the alumni association of impending legal action.
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  After a hearing Wednesday in Waco that lasted 41/2 hours, Smith mandated that the parties enter mediation with the goal of resolving the dispute this month. Attorneys for the parties agreed to meet July 22 with Austin-based mediator Karl Bayer.
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It is the latest wrangling in the contentious relationship between the two entities, which reached a head in September after the BAA did not approve a transition agreement that would have dissolved its independent charter and turned all of its alumni outreach activities over to Baylor.
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  The temporary restraining order blocking demolition will remain in effect until the mediation is completed.
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  Baylor previously gave the alumni association until Dec. 8 to cease using the trademarks after the failure of the agreement, following through on its original May 31, 2013, notice of intent to terminate the licensing agreements.
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  Brian Nicholson, associate vice president of facilities, planning and construction for Baylor, testified that postponing the demolition will not prevent completion of the stadium and the pedestrian bridge in time for the first game of the 2014 football鈥╯eason.
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  鈥淭hey鈥檝e failed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor,鈥?Baylor spokeswoman Lori Fogleman said. 鈥淭he university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
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  But Nicholson said the university could incur up to $300,000 in additional overtime costs to stay on schedule if the demolition is pushed back to September, when BAA members could next convene to vote on the project.
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  BAA President Keith Starr said he learned of the lawsuit through a phone message from the Tribune-Herald.
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  Also, he said, part of the alumni center site is needed as a temporary parking lot for Mayborn Museum staff during phases 鈥╫f construction.
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He declined to comment on the specifics of the suit until he had a chance to read the full document and consult with the BAA鈥檚 executive committee.
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  Dorr鈥檚 request for the restraining <a href=http://www.aec-ist.com/css/Gucci-Sale-Online-Clutches-Infant-Clothes-Mens-Jeans.html>Gucci Clutches</a>  order claims that the agreement to vacate the alumni building violates a 1994 contract that prevents Baylor from taking possession of the alumni center unless there is a need for the land, no alternative exists, and Baylor provides another building of comparable 鈥渟ize, condition, quality of construction and location.鈥?
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  鈥淥bviously, we are very, very disappointed,鈥?said Starr, who is not related to the Baylor president. The BAA has previously argued that the licensing agreements are in effect 鈥渋n perpetuity鈥?and that Baylor does not have the right to sever them. But Baylor is seeking a judgment stating that the agreements were properly terminated because they are 鈥?1) indefinite in duration and (2) terminable at will by BAA . . . and therefore terminable at will by either party.鈥?
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  In addition, the suit charges that an agreement that would transfer alumni outreach functions to Baylor violates a 1993 license agreement that gives BAA the perpetual right to act as the university鈥檚 alumni association except in the case of a default.
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Baylor argues in the lawsuit that the BAA has abandoned the charitable purposes outlined in its bylaws, including providing scholarships for students and coordinating alumni activities.
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Both agreements were signed by Cox, Coker and Baylor leaders on May 31.
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The suit notes that all but one of the BAA鈥檚 staff resigned after the failure of the transition agreement, 10 of whom have taken jobs with the university.
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  School鈥檚 argument
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  鈥淏AA has no capacity to 鈥榗oordinate all alumni activity (of Baylor)鈥?nor to 鈥榮erve as the general alumni organization of Baylor University,鈥?nor is it likely to acquire such capacity,鈥?the lawsuit <a href=http://www.aec-ist.com/css/Cheap-Gucci-Sale-Wedding-Shoes-Mens-Sunglasses-Luggage-Sets.html>Gucci Luggage Sets</a>  states.
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But attorneys for BAA and Baylor argued that while the agreement to transfer alumni outreach functions still must be approved by two-thirds of the alumni membership at an upcoming Sept. 7 meeting, the agreement to leave the alumni building is a separate document that only required approval by the executive committee.
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In addition, the lawsuit notes that the BAA made a $1 million scholarship donation pledge in February 2013 but never provided those funds to the university.
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Cox testified Wednesday that 11 of BAA鈥檚 14 executive committee members approved both agreements in a single vote during a May 30 conference call.
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  In a May 30 letter to Baylor, former BAA President George Cowden III noted that the group鈥檚 leadership team had planned to finalize the details of the donations with the university, but those talks were put on hold during the negotiations of the transition agreement.
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  Adam Feinberg, another attorney for Dorr, argued that the two agreements were part of an ongoing effort by Baylor to force closure of the alumni association.
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  A team of representatives from the BAA and members of Baylor鈥檚 board of regents hashed out the transition agreement over 10 months, but the final details were only revealed to the BAA鈥檚 full membership when the document was unveiled publicly in May 2013.
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  Baylor in the past decade started its own alumni outreach organization called the Baylor Alumni Network.
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  鈥淒iscussions over this potential donation then became subsumed in the negotiations over the proposed transition agreement, which would have required much of the BAA鈥檚 funds to be transferred to Baylor,鈥?Cowden wrote. 鈥淪ince the transition agreement was not approved by the BAA鈥檚 membership, the terms of the BAA鈥檚 potential donation were never finalized.鈥?
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Former BAA board member Kent <a href=http://www.aec-ist.com/css/Gucci-Handbags-Outlet-Discount-Belts-Fashion-Cheap-Belts.html>Cheap Gucci Belts</a>  Reynolds testified that Baylor in 2009 presented and later withdrew a different proposal to dissolve the association and take over its functions.
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  The lawsuit also takes issue with a May 2014 issue of 鈥淭he Baylor Line鈥?the BAA published to share its version of the tumultuous relationship with Baylor and the events that led to the transition <a href=http://www.aec-ist.com/css/Cheap-Gucci-Handbags-Men-Wallets-Clothes-Cheap-Mens-Loafers.html>Mens Gucci Loafers</a>  agreement.
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  Reynolds said the relationship with the university progressed from 鈥渟trained鈥?to 鈥渃ontentious鈥?after that proposal.
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The suit states that the magazine 鈥渇urther demonstrates that BAA is continuing to rely on Baylor鈥檚 marks and good will to publish a magazine that does not promote union and good fellowship among Baylor alumni.鈥?
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  Keith Starr told the Tribune-Herald last week that the BAA was still hopeful for a compromise with the university.
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鈥淣obody that I know of from the alumni association is looking for a fight with Baylor,鈥?Keith Starr said. 鈥淲e love the university. Nobody would serve on the alumni association board or assume a position of leadership within the alumni association if they weren鈥檛 committed to the university.鈥?
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Revision as of 17:44, 27 September 2014

@@@ The Hughes-Dillard Alumni Center was to be razed this month as part of an agreement between the alumni association and Baylor. The university wants to use the site for a plaza leading to a pedestrian bridge that will connect the campus to the football stadium under construction on the opposite bank of the Brazos River. 

But U.S. District Judge Walter Smith Jr. signed a temporary injunction July 2 halting <a href=http://www.aec-ist.com/css/Gucci-Discount-Real-Belts-Bikini-Makeup-Bag.html>Gucci Discount</a>  the demolition in response to a suit filed by Chicago banker Kurt Dorr alleging that the move needed the approval of the alumni association鈥檚 membership.
Baylor; BAA; the group鈥檚 past president, Elizabeth Coker; and its current president, Collin Cox,鈥╝re named as defendants, although Dorr鈥檚 attorneys have filed a motion to dismiss Baylor as a party.
After a hearing Wednesday in Waco that lasted 41/2 hours, Smith mandated that the parties enter mediation with the goal of resolving the dispute this month. Attorneys for the parties agreed to meet July 22 with Austin-based mediator Karl Bayer.
The temporary restraining order blocking demolition will remain in effect until the mediation is completed.
Brian Nicholson, associate vice president of facilities, planning and construction for Baylor, testified that postponing the demolition will not prevent completion of the stadium and the pedestrian bridge in time for the first game of the 2014 football鈥╯eason.
But Nicholson said the university could incur up to $300,000 in additional overtime costs to stay on schedule if the demolition is pushed back to September, when BAA members could next convene to vote on the project.
Also, he said, part of the alumni center site is needed as a temporary parking lot for Mayborn Museum staff during phases 鈥╫f construction.
Dorr鈥檚 request for the restraining <a href=http://www.aec-ist.com/css/Gucci-Sale-Online-Clutches-Infant-Clothes-Mens-Jeans.html>Gucci Clutches</a>  order claims that the agreement to vacate the alumni building violates a 1994 contract that prevents Baylor from taking possession of the alumni center unless there is a need for the land, no alternative exists, and Baylor provides another building of comparable 鈥渟ize, condition, quality of construction and location.鈥?
In addition, the suit charges that an agreement that would transfer alumni outreach functions to Baylor violates a 1993 license agreement that gives BAA the perpetual right to act as the university鈥檚 alumni association except in the case of a default.
Both agreements were signed by Cox, Coker and Baylor leaders on May 31.
School鈥檚 argument
But attorneys for BAA and Baylor argued that while the agreement to transfer alumni outreach functions still must be approved by two-thirds of the alumni membership at an upcoming Sept. 7 meeting, the agreement to leave the alumni building is a separate document that only required approval by the executive committee.
Cox testified Wednesday that 11 of BAA鈥檚 14 executive committee members approved both agreements in a single vote during a May 30 conference call.
Adam Feinberg, another attorney for Dorr, argued that the two agreements were part of an ongoing effort by Baylor to force closure of the alumni association.
Baylor in the past decade started its own alumni outreach organization called the Baylor Alumni Network.
Former BAA board member Kent <a href=http://www.aec-ist.com/css/Gucci-Handbags-Outlet-Discount-Belts-Fashion-Cheap-Belts.html>Cheap Gucci Belts</a>  Reynolds testified that Baylor in 2009 presented and later withdrew a different proposal to dissolve the association and take over its functions.
Reynolds said the relationship with the university progressed from 鈥渟trained鈥?to 鈥渃ontentious鈥?after that proposal.
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