HOUSTON Aggies in Houston and central Texas announced Monday that they are suing the 12th Man Foundation over the reseating process for the renovated Kyle Field.
Attorneys for the plaintiffs say their clients, Tom and Delma Tullos, endowed a $20,000 scholarship in December 1994 to the Texas A&M 12th Man Foundation. In exchange, the family was promised the same, home football game seat locations every year, with no additional payments required.
As part of the $450 million redevelopment of Kyle Field, the Foundation recently announced a new reseating process.
"The Tulloses would have to pay an additional $30,000 plus an undeterminate additional amount, just to keep their same (since 1995) seat location for the last ten years of their endowment," said the Tullos' attorneys in a statement sent to News 3.
"That's where the disagreement is. We will sell those as club seats and that is why it is an incremental cost,” said Skip Wagner, president of The 12th Man Foundation.
He says the Tulloses have seats in an area that will be upgraded to club seats. If they want the same spot, they have to pay an additional amount.
The other option is to sit in other endowed seating areas for no additional amount.
" We feel very strongly that we are honoring the spirit and the legal components of the agreement,” said Wagner.
Wagner says endowed donors will have access to seats on the 1st and 3rd deck of the renovated Kyle Field at no any additional costs.
"We honor all agreements and will honor all agreements," said Wagner. "We are thankful for people's support and commitment during the redevelopment."
The Houston firm Abraham, Watkins, Nichols, Sorrels, Agosto and Friend, assisted by attorney Claude M. McQuarrie, represent the Tulloses.
"On July 12, 2013, unnamed Aggies, represended by Houston attorney William V. Wade ('73), longtime Foundation member and former President of the Houston A&M Club, joined the Tullos lawsuit. Citing fear of retribution by the Foundation, they requested anonymity," according to the attorneys' statement.
The plaintiffs are asking a Houston court to issue a temporary injunction to keep their current seats during the reseating process.
"A deal is a deal. I just want the Foundation to do the right thing, which would be to honor the agreements they made in 1994 that prompted us to endow the scholarship. We tried to get them to do so, but they refused. As much as I regret having to sue, they left me no alternative," said Tom Tullos, class of 1979.
The family of Chester Young is also seeking damages against the Foundation for breach of contract and breach of duty of good faith and fair dealing in a separate lawsuit, according to the statement sent to News 3.
The attorneys for the plaintiffs of the lawsuit plan to hold a news conference in Houston on Tuesday July 23 at 2:00 PM.