Historic Preservation League News, April 1994 Page: 1 of 8
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Dr Pepper Update:
US Appeals Court Rehears Dr Pepper SuitOn March 25, the US Court of Appeals
for the District of Columbia Circuit reheard
the case presented by the National Trust
for Historic Preservation, the Historic
Preservation League, and Preservation
Texas to save the Dr Pepper Building and
to compel the FDIC to comply with Section
106 of the National Historic Preservation
Act.
The Court will not make a decision for
at least a month or two.
"If we win, the outcome would
dramatically affect how the FDIC will
handle disposition of historic properties it
takes over as a result of bank failures," says
Elizabeth Merritt, associate general counsel
for the National Trust.
"The FDIC would have to consider
alternatives before taking any action that
would have an adverse effect on a site.
"We believe it will be a close call, and
very likely, a split decision, 2 to 1, but we
don't know whether it will be for or against
us," says the attorney. "We are hoping the
FDIC's position is so rigid, so extreme that
the Court will not go along with them.
"If it is a split decision, litigation is
likely to continue, " she predicts, "because
City Reviewing
West End Ordinance
The updated West End Ordinance has
been approved by the West End Task Force,
West End Association, and the Landmark
Commission. After being reviewed by the
City Attorney, the modified ordinance will
go to the City Council for approval.
The amendments are designed so the
West End will be recognized as an
entertainment district as well as historic
district, allowing greater flexibility of new
construction like the train museum.
Otto Wetzel, West End Foundation,
Inc. president, points out, "We wanted to
make sure that the ordinance provides
guidance for our continuing growth as an
entertainment area, but ensure that the
historical nature of the West End is
respected. It is reassuring to see adaptive
reuse continue and expand."whoever loses will feel there is some chance
of getting the decision reversed on appeal.
This is a precedent-setting issue."
"If the ruling goes against us," she
points out, "we have two options: appealing
to the full US Court of Appeals for DC
Circuit or asking the US Supreme Court
for a review. In both instances, there is no
obligation to review."
Preservationists Commended
The Washington attorney commends
Dallas preservationists and the principals
involved with the Dr Pepper Building.
"Everything they have done to find a
way to preserve the building is very
commendable. We are really strong
supporters of efforts used to resolve the
controversy, particularly getting someone
involved as a mediator (Bob Moss of the
Endowment Land Advisory Group). We
strongly endorse the approach," says
Merritt.
"And Dal-Mac has been doing the right
thing, too. Instead of holding the building
hostage, they have been trying to find a
way to save it."
(See Dr Pepper, page 2...)WHPC Continues to Garner
Civic, Corporate Support
The Wilson House Preservation Center
continues to receive enthusiastic support
from the Dallas civic and corporate
community.
A successful meeting in February with
William Carter, executive vice president of
Baylor Health Care System, and Jan
Baldwin, vice president of Baylor's
Leadership Center, yielded a commitment
of strong support.
Impressed with the WHPC's concept,
William Carter said recently, "As a good
corporate neighbor, our staff will do all we
can to be helpful and supportive of the
WHPC programs."
In expressing appreciation, HPL
President Gail Thoma Patterson said, "It is
very exciting to have the support of Baylor
Health Care System, which has always been
a good friend and neighbor of the Historic
Preservation League."
Other notable WHPC news:
" Mayor Steve Bartlett agreed to
include the WHPC's promotional materials
in corporate relocation packets distributed
by the City's economic development
department.
* John Adams, chairman of the Greater
Dallas Chamber of Commerce, also agreed
to include information in the Chamber's
economic development materials.
Also, Adams, chairman and CEO of
Texas Commerce Bank, indicated interest
in developing lending programs for
targeted intown areas.
r Wes Taylor, executive vice president
and chief operating officer of TU Electric,
and an intown resident, has agreed to help
solicit area utilities, financial institutions,
and others for program funds.
(See page 3 for more WHPC News...)
f-Toast to Texas A Success!
Presentation of the Griffon Award to acclaimed
Realtor and long-time preservation supporter
Ebby Halliday was a highlight of the Ninth
Annual Toast to Texas, which drew more than
200 to the Music Hall on March 26. The honoree
(center) is shown with HPL Trustee Virginia
McAlester, left, and President Gail Thoma
Patterson. The successful fundraiser brought in
more than twice the amount of last year's event.April 1994
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HCDALLST
HISTORIC PRESERVATION LE AGUE, INC. " 2922 SWISS AVENUE " DALLAS, TEXAS 75204 " (214) 821-3290
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Dallas Historic Preservation League. Historic Preservation League News, April 1994, periodical, April 1994; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth887559/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Preservation Dallas.