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Historic, fire-damaged Burnet building gets another reprieve from demolition

Reagor building in Burnet, Texas

The Reagor building at 300 N. Water St. in Burnet as it stands in December 2023. It was damaged by a December 2022 fire. The Burnet City Council has voted twice to have the building demolished but was stopped by a temporary restraining order issued on Dec. 1, 2023. Staff photo by Suzanne Freeman

A third Burnet City Council hearing to determine the fate of the historic and condemned Reagor building, 300 N. Water St., is at 6 p.m. Jan. 9 in council chambers. Building owner Kenneth Reagor agreed to abide by the council’s decision once members have heard a presentation on the structure’s history and the findings of a historical architect. 

The home of Reagor Air Conditioning, Heating, Plumbing, and Electric was damaged in a fire on Dec. 5, 2022, and condemned by city inspectors a few days later. The Burnet City Council approved demolition orders on June 27, 2023, and again on Oct. 24 after the property owner took no action to remove the building. A final date for demolition was set for Dec. 4. 

Reagor was granted a temporary restraining order by 424th District Court Judge Evan Stubbs on Dec. 1. Stubbs held a hearing on Thursday, Dec. 14, to consider issuing a temporary injunction of the demolition.

During a recess at the hearing, attorneys for the city and Reagor agreed to put the matter back before the City Council. The negotiations came about as Stubbs reviewed last-minute dueling memos in his chambers. 

On Wednesday, Burnet City Attorney Scott Tschirhart filed a motion stating the District Court lacked the statutory authority to issue an injunction. The motion also countered claims by Reagor that he had not been properly notified of City Council hearings and meetings that led to the council’s two previous decisions to demolish the building. 

“We just want to be heard,” Rhonda Martin, Reagor’s fiancée, told DailyTrib.com. “They won’t let us be heard.” 

Reagor’s attorney, James Minerve of Austin, filed a motion the same day as the injunction hearing asking for a 14-day extension of the temporary restraining order to give him time to study the claims asserted in the defendant’s (city of Burnet) motion the previous day. 

“If the plaintiff is not allowed time to brief the jurisdictional issue, the defendant will demolish the building that is the subject of this lawsuit,” the motion for extension reads. 

“Plaintiff knew about the hearing and chose not to attend,” reads the defendant’s motion filed Dec. 13. “Plaintiff did not demolish the building and did not appeal the June 27, 2023, demolition order.” 

According to the city’s motion, the property was re-inspected on Sept. 27 and again condemned as a “threat to public health, safety, or welfare.” Reagor was informed in a letter dated the same day that he “must demolish the structure and haul off any debris.”

After no response from Reagor, the Burnet City Council held another hearing on Oct. 24 and issued another order to bring down the building.

Demolition was set for Dec. 4 but stopped by the temporary restraining order granted by Stubbs on Dec. 1. 

“We want to restore the historical part of the building,” Rhonda Martin said. “We’re trying to preserve as much as we can and arrange for a safe cleanup.”

According to Martin, the Reagor building was constructed sometime in the mid-1930s of scrap granite from Granite Mountain in Marble Falls. Its architectural design was sought after at the time, and she believes other buildings exist in Texas that were built on that model.

“This is the original,” she said. “There are tons of things that are unique about it. We want to shore up the stone facade and do the renovation properly so we don’t do any further damage.” 

Burnet City Council Chambers are located at 2402 S. Water St. (U.S. 281 South). The Jan. 9 hearing is open to the public. 

suzanne@thepicayune.com

4 thoughts on “Historic, fire-damaged Burnet building gets another reprieve from demolition

  1. Where does the city get off telling, no forcing, a property owner to demolish a building? Property rights are one of the bedrocks of personal rights in this country. Y’all should be ashamed.

  2. The building needs to be demolished. Scraps of granite can be saved and incorporated into a new building if that is Mr. Reagors wish at his expense. The city should not have to bear the expense of demolition. If Mr Reagor was properly insured that should take care of the cost. At 70 years of age Reagors time of employment is close to an end anyway.

    1. city and county and State should probably issue Grant money to the Reagors to help in the Historical restoration of this building

    2. I hope there’s more kindness and generosity in our souls than that. This is a unique local facade. It’s a part of Burnet’s character, and that’s it’s value.

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