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A Texas Appeals Court has ruled that the new structure of the Austin Sikh Temple (Gurudwara) that has been in operation since 2003 be torn down!
This unjust ruling by the court has sent shockwaves in the Sikh community. The fact that this is the only Sikh Temple (Gurudwara) within a 100 mile radius has infuriated the community.
Read the article in the Wall Street Journal Published on Sat Aug 14 2010
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We are encouraging all freedom loving people to help
us in our endeavour to reverse this over-reaching and unjust decision Background 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
already 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. New Gurudwara building to replace Manufactured home 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 an injunction (lawsuit)
was filed to block the construction. The lawsuit was filed by John and his wife Leslie, who is an attorney, who had moved
into the neighborhood more than 3 years after AGS had been using its property for religious services. Citing to the deed
restrictions, the Bolliers argued 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. Court Trial -- Victory! By agreement, AGS and the Bolliers agreed to cease construction of the Gurudwara 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.
The Court 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. CourtTrialVerdict 16 months after original victory (AFTER
Gurudwara already complete) Appeal Court Overturns 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! AppealsCourtVerdict Sikhs Rise to the Occasion
-- We need YOUR help. 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. This website www.SaveGurudwara.com is being set up to provide updates
on the matter as well as to collect donations for the legal fight. It is estimated that the legal and court costs for
challenging the ruling in the Appeals court is $75-100K; If we need to take it to the Supreme Court, that may cost $125K +
in legal fees. Please donate generously. So long as Sikhs/Khalsas exist, we will not tolerate the taking down
of a Gurudwara and will continue to fight the battle on all fronts. Donate now : MakeDonation "Can't tear it
down" has become our rallying cry for this legal battle... Check out these Musical Links Please visit http://GoSikh.com They have pledged to donate sales from their website for our cause. |
