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Austin. July 16, 2010
Sikhs are shocked and outraged at a ruling by a Texas Court of
Appeals ordering that the only Sikh Temple (Gurudwara) in Austin,
Texas be torn down.
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Court ruling:
Appeal_Ruling_july_2010
Original_Court_Ruling_April_2009
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Austin Gurdwara Sahib (AGS), a non-profit, Sikh organization
purchased land in West side of the Greater Austin area in 2003 to
start the first permanent Gurudwara in the Capital City. For years,
religious services were hosted weekly in a manufactured home located
on the property. In 2005, to improve the facilities, AGS, with the
congregation’s support, decided to build a more contemporary
building. In this regard, AGS applied for, and was granted, all the
necessary permits from the city. The approval process from the city
included meetings with Planning & Zoning committees as well as the
City Council at large. AGS also met with and provided full
disclosure to the neighborhood association.
The construction commenced in late 2007, and the members of the
Austin Sikh community celebrated laying the initial foundation stone
of the first Sikh temple of its kind in Austin. However, the
festive mood came to an abrupt stop immediately after the foundation
had finished in Feb 2008, when the Bolliers filed for an injunction
against the construction. John and wife Leslie, who is an attorney,
were relative newcomers to the neighborhood arriving about 3 years
after AGS had been using its property for religious services.
Citing to the deed restrictions, the Bolliers argued vehemently
against the construction of the Sikh Temple on the grounds that it
would be an eye-sore and a traffic magnate, and would lower their
property’s value.
By agreement, AGS and the Bolliers agreed to cease construction
until the issue was resolved by the trial court. In March 2009, the
case was heard by Honorable Judge Susan Covington in the 353rd
Judicial District in Travis County Texas. Over the course of
several days, the court heard evidence presented by both sides, and
rendered an informed decision denying Bollier’s request for an
injunction and further ordered them to pay 80% of the associated
court costs. In fact, the plantiff, Leslie Bollier, was cited for
inequitable conduct in connection with the AGS use of the property.
After the trial court’s favorable ruling, AGS proceded to complete
the Temple construction over the next few months. Meanwhile, not
satisfied with the trial court’s decision, Bolliers filed an
appeal. In July 2010, months after the construction of the Temple
was complete, the Appellate Court reversed the lower court’s
ruling. In fact, it went so far as to order the completed structure
to be torn down! Sikhs around the world and shocked, saddened, and
flabbergasted by such an unjust ruling.
The AGS intends to vigorously appeal and ask the court to reconsider
its decision. A website
www.SaveGurudwara.com is being
set up to provide updates on the matter as well as to collect
donations for the legal fight.
Press Release issued by: Austin Gurdwara Sahib, 5104 Avispa Way,
Austin TX 78738 Email:
AustinGurdwara@Gmail.com.
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