Gary Vodicka’s lawsuit against SMU continues to expand its scope after winning round one in a Dallas courtroom Tuesday.

The hearing resulted in Vodicka being allowed to have engineers inspect all 347 units in University Gardens. He has 90 days to hire a firm and get the studies completed. The study would be a counter to the one SMU used this summer to declare the facility obsolete – one of the points of contention between the condo owners and the school.

A recent visit inside the complex revealed a series of chain-linked fences and a remaining few units still being occupied. The entire complex is surrounding by a chain-linked fence, but once inside, the units themselves are also chained off. Access by roads is limited, as only Oxford Terrace is still open.

Roads to other parts of the complex are chained off. Units on the northernmost and southernmost parts of University Gardens still have occupants, as cars were parked next to them and belongings were visible through windows.

Another part of Vodicka’s suit involves subpoenaing the plans for the George W. Bush Presidential Library from all four of the finalists. Yesterday, Texas Tech announced a compromise with Vodicka – to reveal the location and promotional materials but still keep the official bid under wraps.

SMU, Baylor and the University of Dallas are still evaluating their options in dealing with Vodicka.

The university purchased the 12-acre site on Dec. 15, 2005.

Residents of University Gardens were sent eviction notices the first week of June 2005. Officials cited a university paid for engineering study that said $12.4 million in renovations would be needed to bring the property up to code standards.

SMU and its realty group, Peruna Properties, had been methodically buying ownership of the various condos and apartments inside University Gardens since 1998. In 2001, the university bought out enough units to gain control of the complex.

Former University Gardens Board President John Helmer said, “SMU would say they [the apartment owners] got a lot more money that they would of in the past, but no one with the money they got was able to relocate in the Park Cities area.”

A trial date has not been set for Vodicka’s lawsuit.

– Jessica Savage contributed to this report.