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Editor's note: This is a continuation of Ms. Marsh-Wyly's perspective
on her battle royale with East Dallas Conservation Nazis.
This is cathartic! For 3 years, I've read so-called accounts of our story as told by Preservation Dallas (PD) and had to bite my lip and endure it.
In
my previous post,
I didn't even get to what happened when then Councilwoman Valetta
Forsythe-Lill called many major law firms in town
leaving messages that she was seeking advice and representation for
Preservation Dallas about Vic and me.
So naive were we that we didn't realize that
her intent was what's known in legalese as "tainting", so the firms
she called had an automatic conflict of interest
when we latter called those same law firms
seeking representation,
If Preservation
Dallas believed their cause just, why try to deprive us of competent legal
representation?
I also didn't
get to the part where their so-called foundation
witness testified he'd spent long hours with Vic inspecting the house and
writing a favorable report (which was backdated).
However, he insisted the person in court (my
husband) was not Vic Wyly. The judge
was not impressed. Truthfully, I don't think it even occurred to PD or
Swiss Ave Historic District (SAHD)
people that their guy
was lying until our attorney pointed to Vic and asked "is this the man you
met with?". The poor slob confidently
replied, "No, I've never met him before."
Then, there's their other preservation window
restorer who'd given us the bad news about the costs to restore the windows
who walked out of court and
refused to testify against us.
PD had said Vic misquoted him about the high cost.
The window restorer declined to contradict
Vic's testimony, much to PD's chagrin.
Or,
about how we offered to restore the house and sell it back to PD at cost if
they did for us what they're doing for the new owner
-- raise donations for the repair costs
above what we could borrow. This would have
netted us no profit and actually costs us in free labor and time lost on
other projects, but it might have been fun and we were willing to compromise
on that route if they helped.
I'm
interested in hearing more about the female
attorney who some Bryan Parkway people say broke
out windows of the house on my instructions.
I never instructed anyone to demolish the house other than the demolition
company. I did indeed give permission for
friends to assist in the demolition and/or remove from the house anything
they wanted for their own AFTER the Court issued its
Final Judgment and TRO. Since the
doors don't open anymore, (the house has shifted and sunken more in the 3
years), keys are useless and the demolition company would have had to kick
in the doors and break windows. A fact, I
guess is lost on some people.
Again, this was only AFTER the court had issued
it's Final Judgment and the Temporary Restraining Order had been dissolved
and the valid Demolition Permit renewed -- all
verified by the police. So her breaking
windows on that day was perfectly legal. I'm
once again dismayed at Bryan Parkway People not
getting those easy-to-ascertain facts.
I wonder do they not know about the neighbor plaintiff who did the same thing himself in the wee hours of the morning apparently disgusted with the fact that the state of our house was interfering with him selling his own? No, he didn't have our permission, consent or prior knowledge. Yes, the TRO WAS still in place and this was BEFORE we won the Final Judgment. I won't write publicly about that either. Just FYI. Fair's fair. The man had a lapse in reasoning at having shot himself in the foot. We chose to turn the other cheek again.
You were asked by a Bryan
Parkway Resident "what's wrong with wanting at least one block in
SAHD to remain intact."
I would say "nothing at all", but I question why, as a resident of that same block, did he not insist that steps be taken years ago when it could have mattered to prevent the demolition by neglect? I think I know the answer, and it's one I myself would honestly give in this situation: I wouldn't have wanted to embarrass a friend and neighbor, I would have grumbled about it, but shrugged it off that it wasn't my problem, that it would take care of itself someday.
Never could
he have known
it would have come to this without his and other district homeowners being
proactive. I understand
some Bryan Parkway residents did pitch in and physically help at
stages to assist the previous owner fix up the
house.
Why was it later MY fault that their band aids didn't hold? Why did the intense animosity over restoring the structure only come to a head once the previous owners were out of the picture? Why weren't the same allowances were made in my intense defense of my property rights?
Jim
Schutze wrote on The
Dallas Observer's UnFair Park
Restoration Hard Way
that "Both
sides went way over the line."
I wish I HAD gone over the line...way over. But
Vic and I in our stupidity at first thought PD had
an honest complaint about the process and they
wanted answers. Lest Jim forget or more
probably doesn't know, it was Vic and I who voluntarily agreed on 2
different occasions to delay exercising our right to demolish to allow PD,
et al, time to mount a different appeal or
argument when we had the legal right to demolish.
I regret that
in hindsight, because now
I realize it was a smoke screen. But,
Jim Schutze was not privy to the conversations
where their pleaded with us to give them time to screw us, appealing to our
better nature. We acquiesced.
I could kick myself each time later.
Whenever the tables were turned, they threw us
under the bus. They then held press
conferences to say what bad, horns-growing-out-of-our-heads people we were,
(Plano-Drano, indeed), knowing we would suck up their latest gut-punch and
decline to comment until after the final judgment.
They tore down No Trespassing Signs and caution tape to trespass on our property taking photographs to present against us, posting a fake SAHD Homeowners Association online that change to true wording to read membership and access to meetings is limited to people who LIVE in the district. Only years later did we discover that membership and access to meetings is open to anyone who OWNS in the district. They didn't want us showing up and telling truths that would go against the mushroom policy they hold toward their own neighbors.
All the things we always held were the reasons
we couldn't restore ourselves they ran into when they finally
bought the property from us. Quiet as
they've kept it, Tracy
Venegas couldn't get a conventional loan either. The
lender is Virginia McAlester's trust fund. Nor
could Venegas get property insurance, instead
having to get builder's risk -
a point that became an issue with Virginia at closing.
Gee, that's what we said. PD people told the courts we were lying about that, then had to do it themselves.
I wish them well with this project because in
the end, it only matters for the neighborhood to get back some semblance of
normality.
I would have been willing to leave it alone so that can happen. But as The Godfather said, "every time I think I'm out of it, they pull me back in". If they can't get on with the restoration and the peace or repair their own splintered reputations without further slinging mud at ours, we will reply from now on. It's up to them. Sharon Marsh-Wyly |
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