Thursday was filled with setbacks for Gary Vodicka and his legal efforts in a federal bankruptcy court.

Judge Harlin D. Hale ruled that the University Gardens condo owner improperly used the bankruptcy system and sent the case back to the state district court. A stay was also lifted so that the matter can proceed at the state level.

Hale also ruled that Vodicka must pay attorney’s and court fees for SMU. Both sides now await a scheduled date for a hearing on summary judgment.

SMU’s head legal council John McElhaney said afterwards, “We’re grateful to have a chance to set the case on track…the judge made an undoubtedly correct ruling.”

New pleadings were made in the case in which more Vodicka tenants were given partial ownership in Vodicka’s condos.

A man named James Michael Moore, Vodicka admitted, now has a one-fiftieth interest in a condo. Upon further cross-examination Vodicka said the property was given at some point within the last month.

“I talked to him about it a long time ago and it was consummated legally within the last 30 days,” Vodicka said during testimony.

Another man, Greg Templin, received a one-one hundredth stake in the condominium within the past 30 days.

When questioned by McElhaney why he awarded someone not living in the complex partial ownership, Vodicka said he was free to do what he wanted with his property.

Judge Hale’s warned Vodicka during his ruling that if any of the partial owners appeared in the bankruptcy court in relation to the case that they also would be subject to paying court and attorney’s fees for the opposition.

The hearing was often contentious – especially when Vodicka was on the stand and McElhaney was cross-examining. At several points the two were talking over each other, each trying to get across their point.

Vodicka continued to argue that state district judge Jay Patterson would unfairly rule if the case was remanded to his court.

“The evidence will show that he is not an impartial judge…I want an impartial judge,” Vodicka said during testimony.

Vodicka represented himself in the bankruptcy case and cross-examined himself for nearly an hour and a half.

During the time Vodicka emphasized his problems with the way the case has been handled over the past month. He recounted the rapid pace of scheduling hearings in late September, which resulted in him filing for bankruptcy.

Vodicka sued SMU in August 2005 claiming the university defrauded him and intimidated others out of the University Gardens condominium complex. The land the complex sits on is part of one SMU plan for the building of the George W. Bush Presidential Library.

A decision on the location of the library is expected some time after the mid-term elections.