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Court orders destruction of
Austin Gurdwara, Texas, USA
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 plaintiff, Leslie
Bollier, was cited for inequitable conduct in
connection with the AGS use of the property.
After the trial court's favorable ruling, AGS proceeded 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 are shocked, saddened, and
flabbergasted by such an unjust
ruling.
The AGS intends to appeal and ask the court to reconsider its
decision.
A website
www.SaveGurudwara.com
has been 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
Harbans Lal, arlington USA |