ACC Can Move Forward With Construction After Lawsuit's Dismissal
A federal appellate court dismissed the lawsuit brought against Austin Community College's proposed Hays County campus. The new campus was approved by voters in 2009. It would have been partially funded by a property tax increase and federal stimulus money.
However, Ray Wolbrecht, a Hays County dentist, filed a lawsuit under the claim that the ballot language was not clear enough. He felt that residents were misled about the tax increase. After the court ruled for ACC, he filed an appeal. But the appeal was dismissed after Wolbrecht could not front the $3 million he would need to pay if the suit failed.
Wolbrecht told the Hays Free Press that such a condition prevented average citizens from contesting election results.
ACC says the lawsuit cost it the ability to fund 35% of the project through the Build America Bonds subsidy program. Without the money, ACC says, its first phase of building will be smaller than anticipated and will eventually have to issue additional bonds.