Some homeowners in the Rosedale H subdivision are being served notices this week that they are defendants in the Austin Independent School District’s unprecedented lawsuit against its own constituents.
If you’re a named defendant and haven’t been served, you will be over the next few days. One defendant/neighbor created a video of the process server performing her duty by dropping off a copy of the lawsuit.
Being served notice starts the clock on the deadline to respond to AISD’s request for a court judgement that would clear the way for a high-density apartment building on the grounds of the old Rosedale school property at Ramsey Avenue and 49th Street in North Austin.
The deed restrictions, created in 1938 by unanimous, written assent of the original homeowners, say that the land can be used only for a school. And if not for a school, the restrictions further say, then the land reverts to its original use – “a residence” being built on “a lot.”
The school system wants a judge to rule that “a residence” on “a lot” allows a 435-unit luxury apartment complex. So they sued the 125 owners of nearby homes who are the successors of the original owners.
That deadline is 10 am on the first Monday following 20 days after you are served.
Read the lawsuit below (addresses of the people being sued have been redacted from this copy).
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