The saga of University Gardens took another twist Friday when condo owner Gary Vodicka filed for bankruptcy. The move halts the motion for summary judgment in the original case and once again shifts the focus to a federal bankruptcy court.
“We will continue to attempt to have this case heard in spite of his tactics to delay,” said Brad Cheves, SMU’s vice president for development and external affairs.
The legal team for SMU spent Monday filing motions to speed the case through the bankruptcy court. A motion for an emergency hearing was filed, but no date has been set yet by the court.
The legal team also filed a motion to transfer the case from Judge Barbara Houser to Judge Harlin D. Hale. The previous bankruptcy case involving Vodicka’s tenant Gerry Jetton was also transferred from Houser’s court and ruled on by Hale on Aug. 31.
Vodicka said he filed for bankruptcy because State District Court Judge Jay Patterson scheduled a hearing for a motion of recusal. Vodicka said he received a call from Patterson’s secretary last Wednesday at 3:30 p.m. She told him the hearing would be the next day at 8:30 a.m.
Vodicka said he was never served written notice of the hearing and that he was not given enough time to prepare.
“I don’t know why they can’t give people more reasonable time,” he said.
Vodicka also mentioned he had subpoenaed documents from Judge Patterson, but that he failed to respond. Vodicka said the documents would prove his ties to SMU.
“SMU is fighting so hard because they know [Patterson] is in their back pocket,” Vodicka said.
Cheves said it appears Vodicka is running out of options, and that his latest filing is an “act of desperation.”
“We hope the case is dealt with expeditiously by the bankruptcy court,” Cheves said.
Vodicka sued SMU in August 2005 claiming the university defrauded him and intimidated others out of the University Gardens condominium complex. The land the complex sits on is part of one SMU plan for the building of the George W. Bush Presidential Library.
A decision on the location of the library is expected some time after the mid-term elections.
