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(Judge signs order to stop razing of Baylor alumni center)
(Attorney general monitoring Baylor)
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The building was slated for demolition as part of the Baylor Stadium project, following an agreement brokered in June between the university and members of the executive committee of the Baylor Alumni Association.
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Assistant Attorney General Amanda K. Hudson informed the parties in the ongoing dispute that the attorney general 鈥渋s a proper party to such action and may intervene on the behalf of the public鈥檚 interest in <a href=http://www.aec-ist.com/css/Gucci-Outlet-Online-Wholesale-Perfumes-Floral.html>Gucci Perfumes</a>  charity.鈥?
As part of the transition agreement, the association agreed to dissolve and turn over most <a href=http://www.aec-ist.com/css/Gucci-Discount-Pattern-Real-Belt-Gucci.html>Gucci</a>  of its alumni outreach functions to the university and also to vacate the alumni center by Wednesday.
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  She said she is reviewing documents to determine if the attorney general鈥檚 participation is warranted.
  The university plans to use the space, located on University Parks Drive, as an approach to a pedestrian bridge that would cross the Brazos River.
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  Baylor sued the BAA in June in the latest salvo between the two sides. The BAA has pledged to file a countersuit, but as of Monday, its attorney said it had not yet been served with Baylor鈥檚 suit, filed in early June in Waco鈥檚 74th State District Court.
  Although members of the association鈥檚 executive committee approved the proposal in June, the final vote on the proposal is not scheduled until Sept. 7, when it will be put to the association鈥檚 membership and board of 鈥╠irectors.
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  鈥淩ight now, everyone is taking a deep breath and trying to figure out where things go from here,鈥?said J.D. Pauerstein, the San Antonio attorney who represents the BAA.
Two-thirds of the members who attend the meeting would have to vote in favor of the agreement to ratify it.
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  Lauren Bean, deputy communications director for the attorney general鈥檚 office, said that under the Texas Property Code, the AG鈥檚 office must be given notice of all 鈥減roceedings involving a charitable trust.鈥?
It was thought that the agreement could bring to an end the tensions between the university and the BAA, an independent nonprofit corporation, that have existed since the early 2000s.
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  鈥淎t this time, the attorney general鈥檚 office is strictly monitoring this case and currently has no plans to get involved in this litigation,鈥?she said.
  Kurt H. Dorr, a member of the Baylor Alumni Association and a 1983 graduate, requested the temporary restraining order against Baylor University and the Baylor Alumni Association, as well as Elizabeth E. Coker, a Polk County district court judge and former president of the association鈥檚 board of directors, and Collin Cox, a Houston attorney who serves as president of the association鈥檚 board of directors.
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Baylor, saying it has severed licensing agreements with the BAA, is seeking to prevent the group from using the university鈥檚 name.
  U.S. District Judge Walter Smith signed the order Tuesday.
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The BAA has countered that those agreements, which also allowed the BAA to operate as Baylor鈥檚 official alumni organization, are in effect in perpetuity and cannot be terminated.
Gerald Haddock, a Fort Worth-based attorney and one of five attorneys who is representing Dorr, described the essence of the case as 鈥渢he democratic process and voting鈥?and protecting the Hughes-Dillard Alumni Center from destruction until the final vote could take place.
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  Baylor spokeswoman Lori Fogleman referred questions about the attorney general鈥檚 possible involvement in the lawsuit to a section of Baylor鈥檚 petition that says litigants must notify the attorney general鈥檚 office in cases involving charitable trusts.
Meanwhile, Baylor spokeswoman Lori Fogleman chalked up the development to an internal problem at the BAA. Association staff who were working out of the Hughes-Dillard building already have relocated to the Clifton Robinson Tower, she said.
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A transition agreement drafted by Baylor regents and a group <a href=http://www.aec-ist.com/css/Gucci-Belts-Sale-Mens-Www-Com-Shoes-Shoes-Men.html>Gucci Belts Sale</a>  of elected BAA leaders and members of the board, which would have dissolved the organizations鈥?charter, failed to gain enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the vote failed.
  鈥淔or more than 10 months, Baylor officials have been engaged in active negotiation with the elected leadership of the Baylor Alumni Association, and we now find ourselves co-defendants in a judicial process,鈥?Fogleman said. 鈥淲hile Baylor will vigorously defend the case, we understand this principally as an internal governance issue concerning one member of the BAA and the elected leadership of the BAA. We expect that the court will sort this out.鈥?
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  鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name, the title of our magazine, the Baylor Line, and keeps our commitment to thousands of Baylor alumni,鈥?BAA President Keith Starr said when the lawsuit was filed.
  $75,000 value
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  鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization,鈥?he said.
Dorr, who lives in the Chicago area, is not seeking monetary damages, but injunctive relief and a temporary restraining order to 鈥減reserve possession of the Hughes-Dillard building and the BAA鈥檚 other assets鈥?pending a <a href=http://www.aec-ist.com/css/Gucci-Sale-Online-Symbol-Store-Nyc-Clutch-Bag.html>Gucci Symbol</a>  vote by the association鈥檚 members, court documents state. The building itself is valued at about $75,000, according to the complaint.
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  Starr, no relation to Baylor <a href=http://www.aec-ist.com/css/Gucci-Belts-Online-Glass-Suit-Shades.html>Gucci Glass</a>  President Ken Starr, deferred comment Monday to Pauerstein.
  The complaint further alleges that the university does not need to destroy the building as part of its Baylor Stadium project.
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Pauerstein said Monday that litigants involved in cases involving charitable trusts are required by law to notify the attorney general鈥檚 office.
  Haddock said Dorr is a 52-year-old financial adviser and banker, as well as a longtime 鈥渇riend and supporter of Baylor University and the Baylor Alumni Association.鈥?
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  鈥淗istorically, when I have been involved in cases where the attorney general鈥檚 office has been notified, they only intervene if it is perceived the particular charity is one that involves a lot of public interests. They may choose to intervene, but since it is a Baylor-oriented entity, I tend to think not,鈥?Pauerstein said.
  A group of association members, incorporated as <a href=http://www.aec-ist.com/css/Gucci-Belts-Sale-Men-Shirts-Clogs-Loafer.html>Gucci Loafer</a>  Independence at Baylor LLC, has been lobbying the organization鈥檚 board of directors to reject the agreement, arguing that the proposal violates a 1993 license agreement between the BAA and the university.
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  Baylor alleges in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
  The document, the group argues, gives the BAA the perpetual right to perform alumni functions except in the case of a default on鈥╥ts part.
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The suit highlights a $1 million scholarship pledge from the BAA in February 2013 that was not completed.
  The group also contends that requiring the BAA to move out of the Hughes-Dillard Alumni Center by Wednesday as part of the transition agreement violates a 1994 contract governing the association鈥檚 continued use of the 鈥╞uilding.
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  The BAA, however, says it was not completed because of the dispute surrounding the transition agreement. Keith Starr said after the lawsuit was filed that the BAA has not abandoned its charitable purpose, but it has been impeded by Baylor.
  Proponents of the proposal said the transition agreement allowed an independent voice of the alumni association to continue through the Baylor Line magazine, while consolidating the alumni outreach effort.
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Neither Coker nor Cox could be reached Tuesday for comment.
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A hearing on the temporary restraining order is set for July 10, when a judge will determine whether to extend the order.
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Tribune-Herald staff writer Regina Dennis contributed to this story.
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Revision as of 22:55, 1 October 2014

@@@ Assistant Attorney General Amanda K. Hudson informed the parties in the ongoing dispute that the attorney general 鈥渋s a proper party to such action and may intervene on the behalf of the public鈥檚 interest in <a href=http://www.aec-ist.com/css/Gucci-Outlet-Online-Wholesale-Perfumes-Floral.html>Gucci Perfumes</a> charity.鈥?

She said she is reviewing documents to determine if the attorney general鈥檚 participation is warranted.
Baylor sued the BAA in June in the latest salvo between the two sides. The BAA has pledged to file a countersuit, but as of Monday, its attorney said it had not yet been served with Baylor鈥檚 suit, filed in early June in Waco鈥檚 74th State District Court.
鈥淩ight now, everyone is taking a deep breath and trying to figure out where things go from here,鈥?said J.D. Pauerstein, the San Antonio attorney who represents the BAA.
Lauren Bean, deputy communications director for the attorney general鈥檚 office, said that under the Texas Property Code, the AG鈥檚 office must be given notice of all 鈥減roceedings involving a charitable trust.鈥?
鈥淎t this time, the attorney general鈥檚 office is strictly monitoring this case and currently has no plans to get involved in this litigation,鈥?she said.
Baylor, saying it has severed licensing agreements with the BAA, is seeking to prevent the group from using the university鈥檚 name.
The BAA has countered that those agreements, which also allowed the BAA to operate as Baylor鈥檚 official alumni organization, are in effect in perpetuity and cannot be terminated.
Baylor spokeswoman Lori Fogleman referred questions about the attorney general鈥檚 possible involvement in the lawsuit to a section of Baylor鈥檚 petition that says litigants must notify the attorney general鈥檚 office in cases involving charitable trusts.
A transition agreement drafted by Baylor regents and a group <a href=http://www.aec-ist.com/css/Gucci-Belts-Sale-Mens-Www-Com-Shoes-Shoes-Men.html>Gucci Belts Sale</a>  of elected BAA leaders and members of the board, which would have dissolved the organizations鈥?charter, failed to gain enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the vote failed.
鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name, the title of our magazine, the Baylor Line, and keeps our commitment to thousands of Baylor alumni,鈥?BAA President Keith Starr said when the lawsuit was filed.
鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization,鈥?he said.
Starr, no relation to Baylor <a href=http://www.aec-ist.com/css/Gucci-Belts-Online-Glass-Suit-Shades.html>Gucci Glass</a>  President Ken Starr, deferred comment Monday to Pauerstein.
Pauerstein said Monday that litigants involved in cases involving charitable trusts are required by law to notify the attorney general鈥檚 office.
鈥淗istorically, when I have been involved in cases where the attorney general鈥檚 office has been notified, they only intervene if it is perceived the particular charity is one that involves a lot of public interests. They may choose to intervene, but since it is a Baylor-oriented entity, I tend to think not,鈥?Pauerstein said.
Baylor alleges in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
The suit highlights a $1 million scholarship pledge from the BAA in February 2013 that was not completed.
The BAA, however, says it was not completed because of the dispute surrounding the transition agreement. Keith Starr said after the lawsuit was filed that the BAA has not abandoned its charitable purpose, but it has been impeded by Baylor.
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