VICTORY to the Descendants of the Heroes who fought for Liberty at the Alamo

After almost three years of litigation the General Land Office, George P. Bush and the City of San Antonio reached an agreement with the Alamo Defenders Descendants Association and Lee White to NOT apply for any future permits from the Texas Historical Commission regarding the relocation of the Cenotaph. 

On February 3, 2022, the City of San Antonio staff recommended approval of the agreement. The Mayor of San Antonio Ron Nirenberg signed and approved ORDINANCE 2022-02-03-0081, in order to avoid the continued cost and uncertainty of litigation. The Parties engaged in settlement discussion and agreed to resolve their current disputes relating to the Alamo Plan Litigation.

The SETTLEMENT AGREEMENT AND MUTUAL RELEASE:  was signed by Lee White on February 8, 2022 and George P. Bush signed on February 14, 2022.

ORDINANCE 20 22 - 0 2 - 0 3 - 0 0 8 1 APPROVING THE SETTLEMENT OF A LAWSUIT STYLED ALAMO DEFENDERS DESCENDANTS'ASSOCIATION AND LEE WHITE V. TEXAS HISTORICAL COMMISSION, ET AL., CAUSE NO. D-11-GN-19- 007845 FILED IN THE 126TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS RELATED TO SPECIFIC TERMS AS THEY PERTAIN TO THE CITY FOR THE ALAMO PLAN, ALAMO PLAZA, AND ALAMO COMPLEX.

b) The Cenotaph. Alamo Trust, the GLO, and COSA agree not to apply for any future permits from the Texas Historical Commission (the "THC") regarding the relocation of the Cenotaph. COSA's agreement to not apply for future permits related to the Cenotaph relocation under this Section is subject to the current or any amendments to the Amended and Restated Ground Lease and Management Agreement for Alamo Plaza effective June 2021. However, Alamo Trust, the GLO, and COSA may apply for any and all other permits from the THC including, without limitation, permits needed to execute the Alamo Plan.

c) Extended Public Visiting Hours at the Alamo Chapel. Alamo Trust and the GLO agree to extend the visiting hours at the Alamo Chapel on March 6 of each year beginning on March 6, 2022. The extended hours shall apply to 2 all members of the general public.

The Joint Statement Regarding Resolution shall provide:

The Texas General Land Office (GLO) and Alamo Trust are pleased to announce an agreement with the Alamo Defenders Descendants Association (ADDA) which addresses all current disputes and the dismissal of all pending litigation by ADDA.

The battle of 1836 is the story of the brave defenders who fought against tyranny and gave their lives for independence. The GLO looks forward to working with all parties to implement the Alamo Plan to restore and preserve the Alamo for future generations of Texans.

The Plaintiffs Alamo Defenders Descendants Association and Lee White v. TEXAS HISTORICAL COMMISSION, MARK WOLFE, as Executive Director of the Texas Historical Commission, in his official capacity only, THE TEXAS GENERAL LAND OFFICE, GEORGE P. BUSH, Commissioner of the General Land Office of the State of Texas, in his official capacity only, ALAMO TRUST INC., and the CITY OF SAN ANTONIO., appealed the Underlying Lawsuits to the Court of Appeals for the Eight Appellate District of Texas in El Paso.  

The Judgment reads as follows:

The Court has considered this cause on the parties’ amended joint motion to dismiss the appeal and concludes the motion should be granted. We therefore dismiss the appeal pursuant to the terms of the settlement agreement of the parties and render judgment as follows:

(a) The claim of Alamo Defenders Descendants Association and Lee White, individually, in which they seek declaratory or injunctive relief to compel 2 DNA testing on human remains previously discovered at the Alamo Complex as their exclusive remedy shall be dismissed without prejudice to refiling of same; and

(b) All of the remaining claims or causes of action of Alamo Defenders Descendants and Lee White, individually, asserted in the underlying lawsuit are dismissed with prejudice to refiling of same. 

Lee Spencer White’s ancestor is Gordon C. Jennings who died at the Battle of the Alamo. The Texas Heroes can rest easy, their descendants won a victory to keep their memorial alive for future generations.

On September 22, 2020 the Texas Historical Commission voted to keep the Alamo Cenotaph in place by a 12-2 vote. To read more follow the link ALAMO CENOTAPH STAYS!!! | Conservatives in Action (redsonja-conservativesinaction.blogspot.com).

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