Appellate Win for the Benevolent and Protective Order of the Elks

The Trial and Appellate team of Jim Ewbank, Stephanie Cook, Tony Golz, and Dana Livingston scored a major victory for the Benevolent and Protective Order of the Elks of the United States of America, Inc., an established national organization, seeking to prevent member-factions from appropriating the Elks’ lodge property.  In local lodges coast-to-coast, certain members have tried to claim “ownership” rights of lodge property.  In Austin, the local lodge is located on prime real estate valued at over $4 million, with very desirable proximity to downtown Austin.   Disgruntled former Austin lodge members left the local lodge, with the intent of taking the $4 million in real estate and over $250,000 in the bank accounts.  The Elks sued the new member entity and the Austin trial court awarded the real and personal property to the Elks, including attorneys’ fees.  This week, the14th Court of Appeals affirmed the decision, granting the Elks’ the land, cash, and attorneys’ fees.  With this win, the Elks is “armed” with a Texas decision that factions cannot take long-held property for their own benefit. Great client victory with nationwide precedence!

James B. Ewbank II

Stephanie H. Cook

Anthony T. Golz

Dana Livingston