Statement on Hines, et al. v. Texas A&M University 12th Man Foundation, et al.

January 2, 2018

While Aggie football is currently enjoying national attention with the hiring of Jimbo Fisher, and large
donations, it was a different story in the 1970s, 1980s, and 1990s, when attendance was low and donations
were small. To induce loyal Aggies to open their wallets, The 12th Man Foundation promised “Permanently
Endowed Scholarship” owners that their large (at the time) payments would entitle them to the “best available”
seating and parking locations - for life, in some cases, and for 30 years in others. For decades, as promised,
the Foundation honored those commitments.
As focus on joining the SEC increased and stadium renovation loomed, however, pressure to increase
fundraising rose dramatically. The 12th Man Foundation concluded that reselling parking and renovating Kyle
Field would be “an opportunity to earn more revenue” and envisioned that “the greatest venue in the history
of college football” would serve as its “financial engine that will differentiate [A&M] from our competition.”
But, there was a problem: Permanently Endowed Scholarship owners already had purchased many of the “best
available” Kyle Field seat and parking locations that big donors wanted. What was the Foundation to do?
Choosing money over integrity, The 12th Man Foundation reneged on several of its promises and resold the
Permanently Endowed Scholarship owners’ parking and seat locations to the highest bidders.
Disappointed, the Permanently Endowed Scholarship owners sought redress and an opportunity to discuss,
privately and amicably, their differences with The 12th Man Foundation – as you would with a family member.
Their efforts bore no fruit. Their calls, letters, and other invitations to talk were ignored. “What surprised me
the most was that over the last year, the Foundation, its Trustees, the System Regents, and even Chancellor
Sharp all refused to engage in any discussion whatsoever with the Permanently Endowed Scholarship owners
to attempt to resolve this matter,” said Scott McQuarrie. Left with no other choice, the Permanently Endowed
Scholarship Owners have been forced to file suit to regain the seat and parking locations they purchased and
were promised.
“What are the Permanently Endowed Scholarship owners seeking by this lawsuit? Simply what every Aggie
would expect from a fellow Aggie – that The 12th Man Foundation honor its commitments,” said Bill Cobb.
“The Permanently Endowed Scholarship owners didn’t want to file suit – they didn’t think they should have
to – they thought the Foundation’s word was its bond,” said McQuarrie. “If The 12th Man Foundation had just
acted with integrity, keeping its promises, this lawsuit wouldn’t have been necessary,” agreed Cobb.
The Permanently Endowed Scholarship owners are represented by Bill Cobb of Cobb & Counsel, Scott
McQuarrie of McQuarrie Law Office, and Blair Bisbey of Seale, Stover & Bisbey.
To read the petition, click here.
Contacts:

Bill Cobb, Cobb & Counsel (512) 693-7570 / bill@cobbxcounsel.com

Scott McQuarrie, McQuarrie Law Office (832) 423-0829 / cmm3rd@gmail.com