Update on Demonlition Permit and Rezoning (Jan 8, 2026)
Last night, the Historic Landmark Commission cleared the way for the city to proceed with issuing a demolition permit
through its normal administrative procedures. The commission voted unanimously to authorize the demolition and require
the relocation/reconstruction of a partial wall of the school building and require documentation of the building in
compliance with the Historic American Buildings Standards (HABS). Commissioners had only two real options:
Vote “Yes” and allow the demolition, with the limited conditions. Commissioners made it clear they didn't
want the building demolished, but felt that this proposal would preserve some tiny part of it.
Vote “No”, which would automatically trigger Historic Zoning hearings at Planning Commission and City Council,
where they acknowledged that it was overwhelmingly likely that the result would be demolition with no conditions.
There was a brief moment where it looked like they might delay this process for an additional month, but staff and applicants
reminded the commission that the clock would run out on that process and the conditions might not be adopted. In that case,
the permit would have been issued by default with no conditions.
Was this outcome a surprise?
No. This outcome was expected. It was inevitable that the commission would eventually approve the proposal because it has
no real power to stop a demolition permit or even delay one for long in most situations.
Does this mean that demolition will start immediately?
No. OHT has administrative hoops to jump through, including submitting architectural documentation of the building to comply
with the Historic American Buildings Standards before the city issues a permit. Also, it will be very expensive to remove this
building and OHT does not yet own it, so it seems unlikely it would spend that much money on something it does not own.
Finally, there are also legal questions as to whether AISD has clear title on nine of the 27 lots it has contracted to sell
to OHT.
Zoning hearing
A city official told members of Play Fair with Rosedale that it is unlikely that the rezoning application will be considered
by the Zoning and Platting Commission at its January 20 meeting. That would push it out to the February meeting. We will let
you know if that changes.
Play Fair With Rosedale responds to lawsuit (Jan 6, 2026)
This week, Play Fair with Rosedale Attorney Renea Hicks filed his initial response to AISD's lawsuit against
its Rosedale neighbors, urging the court to deny what AISD is seeking in a declaratory judgment and to make
AISD pay the legal expenses of all the defendants he represents. Hicks currently represents 71 of the 125
named defendants.
Here are some key points from his response to AISD's petition:
AISD has the burden of proof and has failed to do so.
The court lacks jurisdiction to make a declaratory judgement at this time, partly because AISD
sued some people it should not have sued and did not sue others who have standing in the case.
AISD is barred from obtaining a judicial decision on the deed use restrictions of the nine lots
it purchased in 1946 for the school's expansion because it violated the deed restrictions at that time
by failing to seek unanimous approval of its neighbors to use those lots for any purpose other than a
residence. This failure triggered a clause in the deeds that reverts ownership to the sellers or their
heirs. Therefore, AISD does not have clear title on those lots and the sellers' heirs can claim the
lots and must be parties to any litigation.
AISD's petition does not specify which of the four enforceable (non‐voided) deed restrictions
it is seeking a judgement on, nor the breadth and scope of the declaration it is seeking.
Historic Landmark Commission Meeting (Jan 3, 2026)
The City of Austin Historic Landmark Commission will consider a recommendation to allow OHT Partners to
demolish the Old Rosedale School at its January 7 meeting. The meeting is at 6 pm at City Hall in the
Council Chambers meeting room.
Last month, the commission postponed a decision at the request of Play Fair with Rosedale members. AISD and
OHT are pushing for permission to demolish the old school before any site plans for its replacement are
approved, before zoning changes are considered, and before the lawsuit over deed restrictions is resolved.
Our position is that it is premature to demolish the historic school before these hurdles are cleared as
it could be years before anything replaces it.
Up to now we have been denied access to new documentation provided to the commission by OHT on their specific
plans for retaining or reconstructing a portion of the building's façade. They are expected to be made public
just a few days before the meeting.
The agenda and other backup materials are available on the commission's website.
Lawsuit Action Heats Up (Dec 10, 2025) Today some homeowners in the Rosedale H subdivision
were officially served notice that they are defendants in AISD'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. Here is a recent example:
Being served notice starts the clock on the deadline to respond to AISD's request for
a court judgement to clear the way for a high density apartment building on the grounds of
the old Rosedale school property. That deadline is 10 am on the first Monday following 20 days
after you are served.
BTW, it's not too late to sign on with Play Fair with Rosedale Attorney
Renea Hicks to represent you. He is currently representing 26 defendants and will be meeting with
them this weekend as he prepares his response to the court. All legal expenses are being paid for with donations.
If you want Renea to speak for you, please contact Laura Norton (lnorton@austin.rr.com) or Carl Reynolds (cvr1959cr@gmail.com) or (carlvr77@yahoo .com). For questions contact Chris Allen
(sartexas@gmail.com).
In the News (Dec 10, 2025) In case you missed it, KVUE provided coverage of our battle to protect
the Rosedale Neighborhood. You can watch the story on the TV station's website.
Thanks to reporter Brianna Perez for taking the initiative.