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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.
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 |
