Aggie donors suing 12th Man Foundation

More than a dozen Aggie supporters claim the 12th Man Foundation is choosing money over integrity after the organization broke a promise to some of its longtime donors.

The 15 plaintiffs say the foundation solicited their donations in the 1970s, 80s and 90s, when attendance was low and donations were small.

The 12th Man Foundation promised “Permanently Endowed Scholarship” owners that their payments would entitle them to the “best available” seating and parking locations - for life, in some cases, and for 30 years in others.

The group says for decades, the 12th Man Foundation honored those commitments, but that changed when Texas A&M joined the SEC and Kyle Field was renovated.

Attorneys representing the plaintiffs say the 12th Man Foundation concluded that reselling parking and renovating Kyle Field would be an opportunity to earn more revenue. They claim the foundation reneged on several of its promises and resold the Permanently Endowed Scholarship owners’ parking and seat locations to the highest bidders.

A spokesperson for the 12th Man Foundation declined to comment on the case citing pending litigation.

According to court documents, the plaintiffs currently live in Richmond, Kilgore, Conroe, Hearne, Kingwood, Houston, Brownwood, Mansfield, Katy, Dallas, Wichita, Kan., and Rancho Santa Fe, California.

The lead plaintiff resides in Newton, Texas. The group is asking a district judge in Newton County for class action status. The plaintiffs are represented by Bill Cobb of Cobb & Counsel, Scott McQuarrie of McQuarrie Law Office, and Blair Bisbey of Seale, Stover & Bisbey.

A previous class action was brought in federal court in the Eastern District of Texas.

That lawsuit was dismissed on procedural grounds because the federal court determined that the action was more appropriate for a state court resolution. That is why this class action has been brought in state court.