Texas Antiquities Committee v. Dallas County Community College District

554 S.W.2d 924, 18 A.L.R. 4th 973, 20 Tex. Sup. Ct. J. 423, 1977 Tex. LEXIS 258
CourtTexas Supreme Court
DecidedJuly 13, 1977
DocketB-6107
StatusPublished
Cited by80 cases

This text of 554 S.W.2d 924 (Texas Antiquities Committee v. Dallas County Community College District) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas Antiquities Committee v. Dallas County Community College District, 554 S.W.2d 924, 18 A.L.R. 4th 973, 20 Tex. Sup. Ct. J. 423, 1977 Tex. LEXIS 258 (Tex. 1977).

Opinions

POPE, Justice.

Dallas County Community College District filed this suit for injunction against the Texas Antiquities Committee and its members to set aside an order of the Committee denying a permit to demolish three buildings owned by the College District. The trial court rendered judgment for the College District, stating that in its judgment section 6 of the Antiquities Code is both unconstitutional and unconstitutionally applied. This court has jurisdiction by direct appeal. Tex.Rev.Civ.Stat.Ann. art. 1738a (1962); Tex.R.Civ.P. 499a.

Dallas County Community College District came into existence in 1965 as authorized by section 130.005 of the Texas Education Code. Its Board of .Trustees “constitutes a body corporate” which may “acquire and hold real and personal property, sue and be sued,” and has “the exclusive power to manage” the College District’s affairs. Tex.Educ.Code Ann. § 23.26. Acting under its legislative authorization, the College [926]*926District in 1966 purchased land in downtown Dallas on which there were four buildings; the cost of the purchase was 2,150,000 dollars. The City of Dallas permitted temporary limited use of the three older buildings upon assurance that they would be demolished within three to five years. Plans for the demolition of the three older buildings were announced to the public as early as 1969.

The Board of Trustees of the College met in 1972 and voted to restore the one building that was structurally sound and to demolish the three older buildings so the space could be used for new college facilities. The Board met on April 1,1975, to consider demolition bids, but a group of citizens requested a ten-day delay during which time the group hoped to find funds for rebuilding the three buildings which were set for demolition. The group was unsuccessful in finding any funds, but it reported to the Board that on April 8 the buildings had been placed on the National Register of Historical Buildings. No prior notification was given the College District that an expedited application was being made for inclusion of the buildings in the National Register.

After the College District purchased the land and buildings in 1969 and made its plans for the College’s efficient use of the land, the legislature enacted the Antiquities Code. Tex.Rev.Civ.Stat.Ann. art. 6145-9 (1969). The Antiquities Code provided for an Antiquities Committee consisting of seven members. Tex.Rev.Civ.Stat.Ann. art. 6145-9, § 3 (1969). Section 4 of the Code gives the Antiquities Committee the authority “to determine the site of, and to designate, State Archeological Landmarks . .” Section 10 proscribes any construction on any State Archeological Landmark without first obtaining a permit from the Antiquities Committee.1 Section 10 is the only provision of the Code which in any way entitles the Committee to grant or deny a permit for the demolition of the buildings. The Antiquities Committee has not designated any of the three buildings at issue as State Archeological Landmarks, but the Committee has denied the College District’s request to demolish the buildings based upon the buildings’ expedited inclusion in the National Register of Historic Sites and Buildings. The Antiquities Code does not give the Antiquities Committee authority over buildings in the National Register; instead, the Code only gives the Committee authority over buildings which the Committee has designated as a State Archeological Landmark. Since the Committee has not designated the buildings as State Archeological Landmarks, the College District does not need the Committee’s permission before demolishing the buildings.

The trial court grounded its judgment upon two separately stated and separately numbered adjudications:

1. Section 6, Article 6145 — 9, V.T.C.S., reading as follows:
Sec. 6. All other sites, objects, buildings, artifacts, implements, and locations of historical, archeological, scientific, or educational interest, including but expressly not limited to, those pertaining to prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation sites, [927]*927their artifacts and implements of culture, as well as archeological sites of every character that are located in, on or under the surface of any lands belonging to the State of Texas or by any county, city or political subdivision of the state are hereby declared to be State Archeological Landmarks and are the sole property of the State of Texas and all such sites or items located on private lands within the State of Texas in areas that have been designated as a “State Archeological Landmark” as hereinafter provided, may not be taken, altered, damaged, destroyed, salvaged, or excavated without a permit from, or in violation of the terms of such permit of, the Antiquities Committee,
is unconstitutional and void, and the orders of the Defendants based thereon are unconstitutional and invalid.
2. Plaintiff need not obtain a permit from the Defendants before demolishing the three buildings in question situated on Plaintiff’s El Centro Campus in the City of Dallas, Dallas County, Texas, and bounded by Elm, Austin, Main and Lamar Streets in said city; and the application of the Texas Antiquities Act, Article 6145-9, to these buildings is unconstitutional as applied.

We affirm the trial court judgment and will now examine each of its separate adjudications.

UNCONSTITUTIONALLY VAGUE STATUTE

The first basis of the trial court’s judgment was that section 6 of the Antiquities Code, stated above, was unconstitutionally vague. There has been no contention that the three buildings in question possess archeological, scientific, or educational interest. The Antiquities Committee only contends that the buildings are of “historical interest.” The sole basis for the exercise of the Antiquities Committee’s power over the three buildings is found, if it can be found, in these words of the statute:

Sec. 6. All . . . buildings . and locations of historical ... interest.

The Antiquities Committee, although it has the power, by article 6145-9, section 11, has adopted no rules or standards which state criteria for “buildings . . . and locations of historical . . . interest.” The Antiquities Committee does not contend that section 6 gives any predictable standard or safeguard. Its position is that the law which strikes down statutes because they are vague, overbroad, and uncertain should be overruled. It argues that the power of the legislature to delegate its powers to state boards and commissions should be unlimited so long as there are experts who constitute the membership of the Committee.

There has been called to our attention no case in Texas or elsewhere in which the powers of a state board are more vaguely expressed or less predictable than those permitted by the phrase in question. The word “buildings” comprehends all structures; “historical” includes all of the past; “interest” ranges broadly from public to private concerns and embraces fads and ephemeral fascinations. All unrestorable structures ordinarily hold some nostalgic tug upon someone and may all qualify as “buildings . . . of historical . . . interest.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Adan G. Adame v. Glendale Optical
Court of Appeals of Texas, 2019
Episcopal Diocese of Fort Worth v. Episcopal Church
422 S.W.3d 646 (Texas Supreme Court, 2013)
State v. Rhine
255 S.W.3d 745 (Court of Appeals of Texas, 2008)
State v. Michael Joseph Rhine
Court of Appeals of Texas, 2008
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2002
ElderCare Properties, Inc. v. Texas Department of Human Services
63 S.W.3d 551 (Court of Appeals of Texas, 2001)
Texas Department of Transportation v. City of Sunset Valley
8 S.W.3d 727 (Court of Appeals of Texas, 1999)
Bradley v. State Ex Rel. White
990 S.W.2d 245 (Texas Supreme Court, 1999)
Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen
952 S.W.2d 454 (Texas Supreme Court, 1997)
Andrews v. Proctor
950 S.W.2d 750 (Court of Appeals of Texas, 1997)
Nadelson v. Township of Millburn
688 A.2d 672 (New Jersey Superior Court App Division, 1996)
General Tire, Inc. v. Kepple Ex Rel. Kepple
917 S.W.2d 444 (Court of Appeals of Texas, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
554 S.W.2d 924, 18 A.L.R. 4th 973, 20 Tex. Sup. Ct. J. 423, 1977 Tex. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-antiquities-committee-v-dallas-county-community-college-district-tex-1977.