Dispute over Sanger Avenue School ordered to mediation
By Tommy Witherspoon Tribune-Herald staff writer
Waco’s 10th Court of Appeals hopes a retired state district judge from Gatesville can help resolve an ongoing dispute between the city of Waco and the owners of the arson-ravaged, historic Sanger Avenue School.
In an order made public Thursday, the three-judge intermediate appellate court directed the Sanger School Foundation and the city of Waco into mediation and appointed Judge Phillip Zeigler to mediate the appeal.
The historic school at 622 N. 17th St., which closed in 1974, was heavily damaged by arson in October 2008. A shell of its brick walls is all that remains, and the city has said it constitutes a public safety hazard.
Judge Gary Coley Jr. of Waco’s 74th State District Court ordered the 105-year-old structure demolished in December. However, that order was stayed when LaNelle McNamara, an officer of the Sanger School Foundation, filed an appeal with the 10th Court of Appeals.
McNamara has said the foundation still hopes to restore the building and has taken measures, such as shoring up weakened walls and building a secure fence around the lot, to try to preserve it while the legal battle continues.
“We have been told to go to mediation, and now we are going to mediation,” McNamara said Thursday. “That is what I wanted in the first place because people won’t ever listen to me.”
Waco City Attorney Leah Hayes said the city will weigh its options before deciding if it will object to the court’s mediation order. The court gave the parties 10 days to file objections or responses.
“There are a number of reasons why mediation might not be productive in a matter of this type,” Hayes said. “There is the immediate concern for health and safety and the stability of the walls. I’m not sure at this point what type of settlement we could work out.”
McNamara said Thursday the foundation has spent $66,000 for workers and materials to shore up the walls and another $24,000 for a secure fence around the perimeter of the lot.
More recently, McNamara has had workers in the school trying to salvage bricks and other materials that could be used if the building were to be restored. This week, the city delivered a letter to McNamara’s law office that informed the foundation that any such efforts violate city ordinances because the foundation has not secured a city permit for work or demolition.
“You are further advised that the specific construction activities include the presence of workers in the interior of the structure removing building materials and the placement and open storage in close proximity to the exterior of the structure,” the city’s letter, signed by Hayes, stated. “These activities place human life at risk of serious injury and/or death and must cease immediately.”
twitherspoon@wacotrib.com
757-5737
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