Standing Up For Preservation

On Saturday January 10, 2004, neighbors along Bryan Parkway in the Swiss Avenue Historic District stepped forward to halt the demolition of a contributing historic building at 6015 Bryan Parkway. In support, Preservation Dallas acquired a temporary restraining order and continued with a request to District Judge David Kelton for a temporary injunction to prevent demolition.

For three months, Preservation Dallas, Bryan Parkway neighbors, and the Swiss Avenue Historic District Association have pursued court action to request a new hearing before the City Plan Commission and to correct the process that led to an overturn of the Landmark Commission denial for demolition. After several attempts to be heard, Judge Kelton reviewed the request, took testimony and ruled on April 7, 2004. The court decision supported the claims of Preservation Dallas and our allies, and suggested that the City Plan Commission rehear the evidence. Though the edecision may be appealed, it is a great victory for all preservationists in Dallas.

Preservation organizations sometimes act on a single issue, like the demolition of 6015 Bryan Parkway, in order to benefit the larger process of preserving buildings and historic districts.

Preservation Dallas' involvement in the decisions around the demolition of 6015 Bryan Parkway came in an effort to ensure that the process of handling appeals by the City Plan Commission includes notification to neighboring property owners and review of information from applications.

Preservation organizations, however, must have "standing" in order to act as a legitimate player in the courts. Standing is a rather complex and arguable position that is even a little murky at times. For example, in 1999, the Galveston Historical Foundation (GHF) entered an appeal on a city staff decision permitting a large sign for Eckerd Drug Store at Broadway and 25th Street.

The Board of Appeal refused the case on the basis that GHF had no standing in the case and therefore could not appeal it. Two years later, a circuit court of appeals in Houston overturned a lower court granting "standing" to GHF. This case became the legal precedent that was needed to support what most legal minds recognize--that community-based preservation organizations with a focused mission and vested members will have standing in pursuing their interests.

In the course of deliberations on the fate of 6015 Bryan Parkway, Preservation Dallas' standing was in questions in our pursuit of correcting the channel of information. Are we community-based with a mission and goals that support our actions? Do our members expect and want the organization to act in the courts where determined necessary?

Preservation Dallas, as a citywide historic preservation organization, holda a mission to revitalize and preserve our city's historic neighborhoods,, building and places. With that goal, we can stand up for the right public processes and policy in our city government that sustain our mission.

In January, the Board of Trustees acted decisively to intervene in the demolition process at 6015 Bryan Parkway. We believe and continue to maintain that we have clear "standing" and will act on the matters in the future as needed. Let us know of your support.

W. Dwayne Jones,
Executive Director
May 1, 2004