A federal court judge granted SMU’s motion for summary judgment Thursday, allowing SMU to proceed with the demolition of the University Gardens condominium complex.
The ruling comes weeks before a likely announcement of the location of the George W. Bush Presidential Library.
“It’s a very significant ruling. Summary judgments are not granted lightly,” SMU Vice President for External Affairs Brad Cheves said.
“We were hoping the ruling would go our way, but it didn’t,” University Gardens tenant Gary Vodicka said.
Vodicka said he plans to file an appeal with the Fifth Circuit of Appeals in New Orleans within the allotted time frame given by the court. It typically takes a year, according to Vodicka, to receive a ruling from the appeals court.
Judge Jerry Buchmeyer said SMU is the sole owner of the complex and is entitled to recover the remaining deeds to the five units that were in question during the case.
Any claims against SMU regarding the complex are now voided and not enforceable.
Cheves said SMU was pleased to learn that Judge Buchmeyer had “confirmed that SMU has the clear titles to University Gardens and that he ruled on the merits of the case.”
Vodicka said that he did not understand how the court ruled on a case that has a “defective property description.” He said the court failed to address his major claim that the deeds to the properties do not match up and that SMU has a defective deed.
“We think there are a number of issues we can appeal on. SMU has not won this case yet, all they have is a ruling that is not final yet,” Vodicka said.
Vodicka added he had no regrets from not getting a partial settlement in a mediation session, saying that they were a waste of time and money.
Cheves said that SMU plans to proceed with the clearing of the property as soon as possible. He was unsure of what exact date the demolition process would be.
Vodicka sued SMU in August 2005 claiming the university defrauded him and intimidated others out of the University Gardens condominium complex.
The case has been bouncing between state and federal courts over the past six months due to a series of bankruptcy filings and other legal maneuvers that delayed a hearing for summary judgment.
