DISD, Preservationists Headed to Mediation

DISD and the Old Oak Cliff Conservation League faced off once again in the 68th Civil District Court. The hearing to determine whether or not a temporary restraining order would be issued — halting demolition of Oak Cliff Christian Church — began with a motion to dismiss by DISD’s lawyers.

Kevin Wiggins, a lawyer with DISD’s legal team, argued that the OOCCL doesn’t have the right to privately sue for injunctive relief because the National Historic Preservation Act only imposes requirements on federal agencies. Wiggins also cited cases Alexander v. Sandoval and San Carlos Apache Tribe v. United States as examples of previous rulings along these lines.

John McCall Jr., former president of and lawyer for OOCCL, shot back with the fact that the OOCCL is a 501(c)(3) not a private entity. In addition he cited Texas Local Government Code chapter 54.016 which allows them to file for an injunction, even though they don’t own the property.

After some back and forth about DISD filing their motion at 5 p.m. last night and McCall amending OOCCL’s plea this morning, Judge Martin Hoffman decided to deny the dismissal. Then a 10 minute recess was called.

When both parties returned to the court room Hoffman made it clear that he feels DISD should at least look for alternatives to tearing down the church.

“This is obviously a beautiful old building,” Hoffman said. “Is there any way to incorporate this into DISD’s plans.”

DISD’s lead lawyer, Robert Luna, stood up and issued a terse declaration that brought some sarcastic laughter from the small crowd sitting on the preservationist’s side of the room.

“The building has to be torn down,” Luna said. He had said earlier in the hearing that the building was ready to be demolished and that demolition could take place as soon as Saturday.

McCall argued that the building won’t be used for classrooms and that property around the church has not been purchased yet.

Hoffman then told both parties that he thought they should get mediation. McCall and company were open to the idea, but Luna said, “from the perspective of DISD there is nothing to mediate.”

Instead of asking nicely Hoffman just issued court ordered mediation. DISD and OOCCL must now meet and have their case mediated before Feb. 19. That’s the date when everyone will be back at the good ‘ol 68th at 1:30 p.m. to begin a temporary restraining order hearing.

According to my Wikipedia knowledge of court ordered mediation, neither party has to accept a setttlement during the mediation process.

That means, more than likely than not, the OOCCL only bought themselves two more weeks to keep gathering public support for the church and give DISD more time to reconsider their plans for the church. But it’s still two weeks they didn’t have before today.