http://www.dallasnews.com/sharedcontent/dws/news/localnews/bushlibrary/stories/082909dnmetbushlibrary.124452110.html
Judge to consider motions from SMU, ex-condo owners in Bush library land case
09:19 AM CDT on Saturday, August 29, 2009
By LORI STAHL / The Dallas Morning News
lstahl@dallasnews.com
Any hope that the lawsuit against SMU would finally end, which was promised just last month, faded further Friday when both sides went on the attack in court.
SMU lawyers said the lawsuit now amounts to "extortion." But a lawyer for one of the former condominium owners suing the university said SMU has used "mob tactics" and acted like the "800-pound gorilla" in negotiations.
Both sides were in court to see whether state District Judge Martin Hoffman would enforce the terms of a now-controversial settlement agreement that the parties previously said would end the 4-year-old case.
But Hoffman, citing a recent Dallas appeals court case, said he could not enforce a settlement unless both sides agreed. Neither did. Hoffman then said he would consider motions for summary judgment on Sept. 18.
"We're trying to get this fraudulent lawsuit settled," said attorney Lisa Blue, who is representing SMU.
Larry Friedman, who represents former condo owner Dr. Robert Tafel, said "We'd like to get the case settled on the terms we agreed to. They want more."
"It's him that wants more," Blue replied.
Attorneys for the condo owners contend the university is asking for more terms than were agreed to in an e-mail exchange. The university's legal team said that's not true and that the plaintiffs are trying to negotiate additional issues to generate a bigger settlement amount. The amount the university intended to pay has never been made public, as confidentiality was part of the agreement.
Judge Hoffman said, "If I could, I would decide this today."
Friedman has already filed a motion for summary judgment, and Hoffman told SMU to file one by Monday. In essence, each side will then have asked that the judge decide whose version of the settlement agreement is binding. But given the history of the case, it's likely any such decision would be appealed by the losing party.
State Sen. Royce West, who was added to Tafel's legal team but could not previously participate while the Texas Legislature was in session, was in court Friday. He and lawyers for all sides met in Hoffman's chambers before the session in open court.
The case has been in court since 2005. Tafel and condo owner Gary Vodicka sued SMU, saying it illegally acquired the condo complex to expand the campus for the George W. Bush Presidential Library at SMU. University officials say their transactions were legal.
The complex has been razed, and Bush Foundation officials say it will be part of the library grounds.
