UPDATE: South Park ruling favors Greenies

By THE ENTERPRISE
August 3, 2009
Posted: August 3, 2009, 5:41 PM CDT Last updated: August 3, 2009, 6:06 PM CDT

Texas District Judge Bob Wortham ruled Monday against Beaumont ISD's plans to proceed with its plan to tear down South Park Middle School.

The Beaumont Historical Society and a group of graduates of the 1923 structure when it was a high school sought to block its demolition.

A trial on the merits of the case and a permanent injunction hearing is set for Sept. 21.

From the judge's ruling:

"The court finds that plaintiffs' claims may be reasonably construed as alleging that after the bond election was ordered by BISD on Aug. 30, 2007, but before it was held, defendants stated and pledged to the voters that if the bond issued carried, that the South Park school building would not be demolished and this statement was intended by defendants to cause, and did cause, the bond election to carry; that there after defendants arbitrarily abandoned this promise to the voters and proceed to take steps to ensure the demolition of the south park school building."

"In the case before us, the defendants "acquiesced," in the making of specific recommendations as part of program to convince the voters that the bond should be approved.

"As a matter of good conscience the board cannot be permitted to substantially deviate from its representations without working a deception upon the voters," the judge wrote

"The court finds that the harm to plaintiffs is imminent because demolition contractors are currently preparing to tear down the South Park building and ancillary buildings and there is no adequate remedy at law which will give plaintiffs complete, final and equal relief because demolition contractors are destroying the very rest of this controversy."