There was a recent development in that area when Federal Judge Nowlin threw out the suit filed in his court by the landowner, the Hyde Park Baptist Church (HPBC), against the City and the individual Council Members who voted to deny a permit to construct a second five story parking garage adjacent to the present one. The City had accepted HPNA's argument that the 1990 Agreement between HPNA and HPBC did not waive the limitation inherent in all single family zoning that the maximum percentage of the lot area that can be covered by a building is 40%. While it may seem incredible, part of the site for the proposed parking garage is zoned SF3 and was the site of

Hyde Park Neighborhood Association P.O.Box 49427 - Austin, TX 78765 http://www.hydepark-na.org --- HPNA Officers --- Co-President - Bob Breeze, 4815 Ave G 452-3850 Co-President - Gary Penn, 3913 Ave G 452-3103 Secretary - Glenn Coleman, 207B E. 43rd 407-9357 Treasurer - Mike Capochiano, 4904 Ave H 467-9198 Treasurer Emerita - Josephine Casey HPNA Committee/Task Forces AISD - Ann Graham, 3815 Ave H 458-8096 Alley Coordinator - Volunteer needed Beautification - Margot Thomas, 4106 Ave F 454-7284     - Merle Franke, 4102 Ave D 452-0414 Children's Programs - Anne Graham, 3815 Ave H 458-8096 Church Liasion - Niyanta Spelman, 3802 Ave F 459-8349 Communications/Web - Mark Fishman, 3905 Ave G 371-7920 Crime and Safety - Bruce Nadig, 615 E 48th 452-0781 Development Review - Stan Kozinsky, 4604 Ave G 451-4455 Homes Tour 2003 - Volunteer needed Membership - Jeff Woodruff, 4007 Ave B 451-3978 Neighborhood Planning - Karen McGraw, 4315 Ave C 459-2261 Mueller Task Force - John Kerr, 4209 Ave F 451-3931 Shipe Park - Suzee Brooks, 4900 Ave H 459-5115 Sidewalks - Volunteer needed 38th Street Taskforce - Volunteer needed Triangle Development - Cathy Echols, 4002 Ave C 206-0726 Zoning - Dorothy Richter, 3901 Ave G 452-5117 Austin Neighborhoods Council Rep. - Vol needed

houses until they were removed. The special City ordinance that was enacted in 1990 specifically to implement the Agreement between the neighborhood and HPBC says that a garage may be erected on ćall or a portion" of the site. HPBC has argued that this wording, which is unique in the multi-volume Land Development Code, nullifies the general provisions applicable to all other single family zoned land not owned by this church.

When the City Council withdrew the permit the City staff had issued to build a garage that would have covered nearly all of the site, the church sued in Federal court, alleging many, many violations of everything from the U.S. Constitution to the recently passed Texas Religious Freedom Restoration Act. However, when HPBC filed for summary judgment on the case they cited only issues of state, rather than Federal law. Federal Magistrate Austin conducted a hearing and recommended that the case be sent to state court rather than continuing in Federal Court.

The most recent and last action to date was a ruling by Federal District Judge Nowlin that accepted this recommendation. What happens next is up to the HPBC leadership. They could appeal or they could file a new suit in state court or choose some other course of action or inaction. To the best of my knowledge, no member of the leadership has contacted any resident of the neighborhood for several months so we will probably read about it in the newspaper when a decision is made.

One of the several frustrating things about this long running situation is that there does not appear to be anything that any individual neighbor or the

see CO-PRESIDENT on page 6