Waco’s 10th Court of Appeals upheld Wednesday its own decision to order mediation in the ongoing dispute over the fire-ravaged Sanger Avenue School building.

The three-judge appellate panel denied the city of Waco’s request to dispense with mediation and to order demolition of the school.

But the court agreed the city raised valid questions in its appeal concerning security issues and the representation of the Sanger School Foundation.

LaNelle McNamara

The court asked both sides to file responses to those issues within a week and suspended the mediation timetable until further court order.

The city asked the appellate court to affirm a decision by 74th State District Judge Gary Coley Jr. to demolish the gutted, historic building because of public safety concerns.

The foundation appealed, and the 10th Court ordered both sides into mediation.

In its objection to the mediation order, the city said mediation with Sanger School Foundation secretary LaNelle McNamara likely would not be fruitful because McNamara threatened to kill City Manager Larry Groth, City Attorney Leah Hayes and Assistant City Attorney Judith Benton.

Besides the alleged threats, city officials question whether McNamara is the proper representative for the foundation because she also has served as its attorney and a member of the foundation board.

McNamara was not arrested for the alleged threats. She said she merely was venting to a friend out of frustration over the continuing court battle to save the 104-year-old building.

City officials filed a police report about McNamara’s alleged threats with its appeal of the 10th Court ruling and has released a tape recording of her call to her friend.

McNamara could not be reached for comment Wednesday.

Waco attorney Susan Johnston, who has consulted with McNamara about the potential criminal charges, said she thinks the city improperly filed the police report with the court for the sole purpose of humiliating McNamara.

“I am still in shock and still trying to figure out what type of accountability there is for the city filing those documents in such an inappropriate manner,” Johnston said.

“You just can’t slap an exhibit number on a police offense report and call it evidence, especially since the appeals court is not an evidentiary court. It was just not proper.”

In an attempt to alleviate the city’s security concerns, the court ordered the mediation held in the grand jury room and the 10th Court of Appeals courtroom, both on the fourth floor of the McLennan County Courthouse. That way, the parties to the mediation will pass through a metal detector, the court order said.

Hayes said Wednesday she does not object to the mediation being in the courthouse.

“That would be a safe place,” she said.

Hayes said the city still questions McNamara’s authority to represent the foundation board.

“We don’t believe that she has authorization before the board of the corporation,” Hayes said. “They’re the ones that are responsible for the actions of the corporation. The board would have to pass a resolution identifying who represents them. It’s my understanding that the board has not met in 15 years.”

She said if the court finds McNamara cannot legally represent the board, the city would seek dismissal of the appeal. Hayes declined additional comment, saying she needs more time to digest the court’s order.

Johnston said city officials have nothing to fear from McNamara.

“That is why they didn’t arrest her for that,” Johnston said. “That was just venting confidentially on somebody’s recording, and she never believed it would be made public. We all wish she wouldn’t have said those things, but we tend to say things in private that we might not say in public.”

twitherspoon@wacotrib.com

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