The city of Bryan submits a two sentence answer to a lawsuit calling to drop a demolition order involving the long closed Bowie elementary school.
Lawyers representing the city’s building and standards commission ask a Brazos County district judge to dismiss the lawsuit by the current property owners.
The demolition order gives the property order 90 days to bring down the building and clear the land at Sims and 26th.
According to online records, the next update on the lawsuit will be held August 20th.
Click HERE to read and download the city of Bryan’s answer to the demolition order appeal lawsuit.
The city’s answer was filed after the commission held a special meeting behind closed doors to discuss the lawsuit.
The lawsuit was also brought up by Bryan mayor Andrew Nelson and councilman Reuben Marin, whose district includes the former school, during a visit this week on WTAW’s The Infomaniacs.
Nelson said there is another possible buyer for the boarded up building, which according to the demolition order is likely to collapse in whole or in part due to damage.
Click below to hear comments from Andrew Nelson and Reuben Marin on The Infomaniacs, July 10 2019:
Original story:
Three years ago, owners of the former Bowie elementary school west of downtown Bryan announced plans to turn the building into at least 48 high end apartments.
Now, the city has terminated an economic development agreement and the property owner has gone to court to fight a demolition order.
In June of last year, the city council gave more time to start the $3 million dollar project.
The property owner was in line to receive up to $175,000 dollars in property tax rebates and waive up to $25,000 in permit fees.
Construction was supposed to have started by February 1, 2019.
City officials report no permits were issued, so no cash incentives were paid and no fees had been waived.
On May 20th, Bryan’s building and standards commission issued a demolition order, which is the subject of the property owner’s lawsuit.
According to the demolition order that was attached to the lawsuit, the commission determined the former Bowie campus at Sims and 26th is likely to collapse in part or in whole, due in part to damage caused by fire, water, wind, vandalism, or something else.
The city describes the former school at Sims and 26th as an attractive nuisance that must be fenced.
Other reasons for the demolition order include at least 50 percent damage or deterioration in non-supporting roofs, ceilings, walls, and/or floors and at least 25 percent damage or deterioration to supporting portions of the former school.
The property owner’s lawsuit contends all the factors the city used in issuing the demolition order are not supported by substantial evidence.
If the judge won’t set aside the demolition order, the property owner asks for time to fully investigate the conditions that led to the order and possibly make repairs.
The building and standards commission, which has not filed an answer to the lawsuit, is scheduled to discuss it behind closed doors during a special meeting on Wednesday.
Click HERE to read and download the lawsuit, which includes the city’s demolition order.
