Spring Break
University Gardens case comes back to life
Mark Norris, Editor In Chief, mnorris@smu.edu
Issue date: 3/27/07 Section: News
- Page 1 of 1
A federal judge has sent Gary Vodicka's lawsuit against SMU back to a state district court. The move came after Vodicka asked the case be remanded because he dropped federal racketeering charges against the university.
"It's good for us," Vodicka said of the decision. The Daily Campus was unable to get a comment from SMU representatives after multiple attempts Monday, but representatives expressed disappointment with the judge's decision in a Saturday article in the Dallas Morning News.
The move brings the case back to the front of the Bush Library debate, as some are saying that it is delaying the acquisition of the complex. Vodicka said he does not believe that is true and that a choice was made long ago.
Vodicka sued SMU in August 2005 saying the university defrauded him and intimidated others out of the University Gardens condominium complex.
The case has been bouncing between state and federal courts since then due to a series of bankruptcy filings and other legal maneuvers.
The issue at stake in the case is breach of fiduciary duty, according to Vodicka. He said that SMU conspired with its employees and certain tenants in University Gardens to rent and eventually gain control of the complex.
Vodicka said the remand would allow him to have additional time to put together a case during the discovery period of the trial. He said SMU was trying to force the case to trial at a rapid pace, which gave him limited time to gather information.
"Now that won't happen," he said.
Vodicka also hopes to have the case heard before a 12-panel jury.
According to the Morning News story, SMU plans to file for summary judgment. The university made a similar request in the first phase of the case, which was resolved in late December 2006. The decision allowed SMU to evict Vodicka from his condo and begin demolishing the property.
That case is currently in the Fifth Circuit Court of Appeals in New Orleans. Vodicka said he did not expect any significant action in the case for a while. The court is just now deciding on cases from the end of 2005, he said.
"It's good for us," Vodicka said of the decision. The Daily Campus was unable to get a comment from SMU representatives after multiple attempts Monday, but representatives expressed disappointment with the judge's decision in a Saturday article in the Dallas Morning News.
The move brings the case back to the front of the Bush Library debate, as some are saying that it is delaying the acquisition of the complex. Vodicka said he does not believe that is true and that a choice was made long ago.
Vodicka sued SMU in August 2005 saying the university defrauded him and intimidated others out of the University Gardens condominium complex.
The case has been bouncing between state and federal courts since then due to a series of bankruptcy filings and other legal maneuvers.
The issue at stake in the case is breach of fiduciary duty, according to Vodicka. He said that SMU conspired with its employees and certain tenants in University Gardens to rent and eventually gain control of the complex.
Vodicka said the remand would allow him to have additional time to put together a case during the discovery period of the trial. He said SMU was trying to force the case to trial at a rapid pace, which gave him limited time to gather information.
"Now that won't happen," he said.
Vodicka also hopes to have the case heard before a 12-panel jury.
According to the Morning News story, SMU plans to file for summary judgment. The university made a similar request in the first phase of the case, which was resolved in late December 2006. The decision allowed SMU to evict Vodicka from his condo and begin demolishing the property.
That case is currently in the Fifth Circuit Court of Appeals in New Orleans. Vodicka said he did not expect any significant action in the case for a while. The court is just now deciding on cases from the end of 2005, he said.
Be the first to comment on this story