Two Texas A&M University (“TAMU”) athletics supporters have sued the TAMU 12^th Man Foundation (“Foundation”) because the supporters believe Foundation breached an agreement to provide the “best available premium parking” for football games.  According to the complaint, the supporters entered into an agreement with Foundation in 1994 when donating $20,000.00, which allowed them to purchase season tickets to TAMU home and away football contests for 30 years in the “endowed seating area” and receive parking privileges in the “endowed parking area.” 

The supporters indicated initially they received the parking they desired in the “endowed parking area,” which was located “immediately to the south of Kyle Field behind the scoreboard.”  However, the supporters indicated in their complaint that their parking was moved several times over the course of several years.  In 2008, the supporters were informed that the “endowed parking area” would be moved to a more distant parking lot.  As a result, the supporters filed suit in district court in Harris County, Texas (Houston) seeking actual damages for the loss of the benefit of the bargain of the privilege to park in the “endowed parking area.”

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.