Fight over Sanger Avenue School demolition continues

By J.B. Smith Tribune-Herald staff writer

Wednesday March 10, 2010
 
 

The burned-out shell of Sanger Avenue School, which was scheduled to be demolished this week, netted a little more time Tuesday from the 10th Court of Appeals.

The court granted LaNelle McNamara of the Sanger School Foundation until Monday to explain why she thinks a district judge erred last week in refusing to suspend his order for demolition.

District Judge Gary Coley Jr. had ruled Dec. 17, 2009, in favor of the city of Waco’s right to demolish the building.

The remains of Sanger Avenue School will not be torn down this week.
The remains of Sanger Avenue School will not be torn down this week.
Rod Aydelotte/Waco Tribune-Herald

The city was prepared to tear it down March 3, but demolition was halted when McNamara’s attorneys won a hearing before Coley.

The attorneys argued the judgment should be suspended pending the outcome of the appeal.

Coley denied the motion, citing public safety concerns, but gave McNamara until today to seek an intervention by the Court of Appeals.

She filed an “emergency motion to suspend enforcement of the trial court’s judgment” Monday, and the appeals court granted the stay the next day.

If she doesn’t submit a “motion for review” by the deadline, the stay will be lifted.

Attorneys for the city said they will challenge McNamara’s motion once it is filed.

They also are attacking McNamara’s case on two other fronts.

They contend McNamara doesn’t truly represent the Sanger School Foundation and had filed her appeal too late.

The city last week filed a “motion to show authority” in Coley’s 74th District Court, challenging McNamara to prove she is authorized by her board to pursue the litigation.

The city asserted that none of the other five people listed by the Texas Secretary of State as officers and directors of the Sanger School Foundation has been involved in the litigation.

“Under the circumstances, there is cause to believe this suit is being prosecuted without necessary authority,” the motion states.

No new evidence

An attorney for the city said the motion had to be filed in district court first because the Court of Appeals can’t consider new evidence.

McNamara said Tuesday she was unclear about who else was on the board, and the group has not met recently.

Roane Lacy Jr., a director listed by the Secretary of State, said he had resigned several years ago, and the board was inactive then.

McNamara’s ex-husband, John McNamara, is listed as president of the board but has not been involved in the appeal.


Waco City Attorney Leah Hayes (left), property owner LaNelle McNamara (right)

Attorneys for the city also hope the appeal will be thrown out because LaNelle McNamara missed the deadline for appealing the original Dec. 17 decision.

She filed it Jan. 19, nearly two weeks after the Jan. 6 deadline.

McNamara, representing herself as attorney, filed an explanation last week with the Court of Appeals.

“Because of the distractions of the upcoming holidays and other ‘end-of-the-year’ distractions, counsel was unable to give her undivided attention to this matter,” she wrote.

McNamara added she was busy in January and February “tying up loose ends” in her divorce, which has been in process since 2002.

City Attorney Leah Hayes said she hopes the litigation will wrap up quickly.

She said there’s a danger that the entire structure could collapse suddenly and injure people.

“We’re supposed to protect the public,” she said.

Higher bill

Last week’s demolition was expected to cost $60,000 to $80,000, but the bill will be higher because the equipment will have to be brought in again, she said.

The city intends to bill the foundation for the demolition.

If the bill is not paid, the amount will be attached as a lien to the property.

jbsmith@wacotrib.com

757-5752

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Mar. 16, 2010, 8:12PM

(Report Comment)

yea! i heard a new dollar general was going in there .. maybe it was family dollar .. still that is what we need there .. another dollar store so we can get us some candy & pasta ..

 

Mar. 16, 2010, 6:00AM

(Report Comment)

The inane suggestions for the block where the fire damaged Sanger School now stands reflect the short-sighted, low standards Miss Nina spent her life trying to elevate. Some of the proposals listed on this site are embarrassing to me as a Wacoan. How far has intelligence and taste fallen? The school was the site of many "firsts" in Texas education which deserve recognition. The student standards of behavior and the parental involvement which reigned at Sanger no longer exist in Waco public schools. I'm sick of having to spend on the problems instead of being able to celebrate the superior. Some sort of education center should be built utilizing the safe architectural elements which remain ... and real justice would require the vandals to work doing something like stacking reusable bricks.

 

Mar. 14, 2010, 1:28PM

(Report Comment)

As stated before, tear it down, salvage the antique bricks, and build a HUD(Section 8 housing Apartments there). It's nothing but a hazard and an eye sore. And the McNamaras have had years and years to do something about it(but didn't)!!

 

Mar. 12, 2010, 10:19AM

(Report Comment)

TEAR IT DOWN. BUILD A FAMILY ACTIVITY CENTER.

 

Mar. 12, 2010, 9:25AM

(Report Comment)

Build another bank there!!! We need more banks!!!

 

Mar. 12, 2010, 9:01AM

(Report Comment)

In fact, they DO have the money to restore it and I guarantee you self righteous tax payers aren't paying for anything right now and won't pay for anything... But they HAVE had a lot on their plates recently in their personal lives. The city isn't even willing to give enough time to finish salvaging bricks. It's a shame how all of you can be so cold-hearted to say rip it down when it's obvious it has substantial sentimental value to many people. They've done everything that the city has asked them to do and even kept the doors locked to the school. Have you seen the shoring? That school is not just going to "collapse and hurt someone". If that was the case, it would've happened during that tornado that hit it, or the recent gale force winds we've been having. Sadly, it will probably come down but I pity the cold-hearted in this whole ordeal... and that includes the city.

 

Mar. 11, 2010, 2:00PM

(Report Comment)

Hasn't this circus gone on long enough? It's a burnt out husk of a building now. I understand there is some attachment to the building, but it's rubble now and not a building. LaNelle, all you are doing is costing the taxpayers money by keeping this going. Tear it down and building something useful to the community in honor of the old school.

 

Mar. 10, 2010, 4:17PM

(Report Comment)

tear it down

 

Mar. 10, 2010, 4:16PM

(Report Comment)

I went to Sanger Elem. many many years ago. The school was a pioneer in many facets of elementary education. We all received a well-rounded culturally literate education at Sanger Elem. Miss Nina made sure of that!! She taught us to appreciate and to love learning. What a tribute to the hallmark of education that was Sanger Elem. to build perhaps a Childrens Art Center there...an active hands on art center to foster an appreciation of all aspects of art in the present and future generations of young Wacoans. Just a thought....I haven't lived in Waco for many years. You may already have something like this, but use this idea as a stepping stone to think outside the box to promote a love of learning in the children of Waco.

 

Mar. 10, 2010, 2:28PM

(Report Comment)

Just like Waco,Tx. Anywhere else, this building would be gone by now and people would just be looking back at pictures. Tear it down and go ahead and put a nail salon or taqueria or a cell phone store in its place.

 

Mar. 10, 2010, 2:14PM

(Report Comment)

What a wonderful old building that could have been something interesting. The burned out shell though is begging to be torn down. I understand your desire to keep a part of Waco history alive but I think you missed your window. It's a real shame.

 

Mar. 10, 2010, 11:43AM

(Report Comment)

The McNamara's bought the property and tried to make some money and it didn't pan out. The people that went to that school wouldn't dare drive in that neighborhood now with out a gun and there doors locked. Get over it. Tear down the bricks that are remaining and open up a flea market on the lot.

 

Mar. 10, 2010, 11:42AM

(Report Comment)

This old building has been an eye sore for years. If Lanelle McNamara is so obsessed with this old school building, why did she leave it in a state of ruin for years..... boarded up windows and all. Get a life Lanelle,let the Sanger Avenue School rest in peace!!!!!!

 

Mar. 10, 2010, 10:34AM

(Report Comment)

saving grace- sounds like a plan. you ready to cough up the money!

 

Mar. 10, 2010, 9:59AM

(Report Comment)

Read between the lines. If the City of Waco demolishes the school, the "foundation" will be billed for the cost. This is simply a blocking motion, in my opinion, to avoid having to come up with the money. The opposite is true, too; the "foundation" doesn't have the money to restore the building either. I predict the following: the City will demolish, the "foundation" will default, the City will then own the property, the City will then sell it to H.E.B.

 

Mar. 10, 2010, 9:36AM

(Report Comment)

Tear it down and put in a park or something useful...

 

Mar. 10, 2010, 8:59AM

(Report Comment)

lets put in a bank, mexican restaurant, and a starbucks

 

Mar. 10, 2010, 8:49AM

(Report Comment)

Sanger Avenue apartments and/or Townhouses. Sounds like a plan/???

 

Mar. 10, 2010, 8:44AM

(Report Comment)

Yes, it was historic, but now it is very dangerous and is lowering property values. It really makes Waco look run-down (it has been there over a year). It wouldn't be good for more pawn shops or low income apartment complexes to be built there either. I think the owner just really enjoys the fight (assuming from her occupation and long divorce). I wish the city of Waco wouldn't play the game but be just as firm as they would be if it was anybody else. All of the neighbors were really excited when we saw the equipment out there in preparation to knock it down and then confused when it left and the pick-up truck returned (placing one brick in at a time). Thank you for publishing this so that we would know what is going on.\

 

Mar. 10, 2010, 8:19AM

(Report Comment)

This is an historic building, built in 1932. Let's keep it going. Good luck, Ms. McNamara. Give it all you've got becuase these youngsters don't know about history.

 

Mar. 10, 2010, 8:18AM

(Report Comment)

I swear, one more story about this rubble heap and im done reading this paper.

 

Mar. 10, 2010, 7:55AM

(Report Comment)

PUT UP APARTMENTS THERE.OR SOMETHING WHO REALLY CARE.

 

Mar. 10, 2010, 7:00AM

(Report Comment)

My Mom went to that school. I always hoped it would be something useful in the community. Now it is a heap of rubble. Tear down the walls. Build something useful there. Something Waco can be proud of.

 





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