Lawsuit Against Texas A&M Aggies 12th Man Foundation Moves Forward

The earliest forms of the case began in 2011, and attorney Brett Coon, the group's lead counsel, called the ordeal "shameful."

"A shameful example of how big-time college sports, notably football, has caused (athletic booster organizations) like the one in this case to frankly abuse their older alumni who had been avid supporters for decades, selling their positions with the schools and their seating arrangements out to new ‘mega-donors," Coon said."

“Now that we have prevailed on the dismissal efforts and survived the prior appeals on legal issues as well, we are well-positioned to take depositions of all the decision-makers within the foundation and also find out who bought our clients’ seat locations out from under them and how much they are paying for them."

The lawsuit also alleges that the 12th Man Foundation violated "The Rule of Aggie Conduct" in its treatment of donors. Additionally, it claims that the foundation eroded the rights of established donors starting in 2007, when it introduced a new fundraising system to attract new donors, and culminating in 2015, when it declared that donor seats no longer existed without additional contributions.

“While some businesses might try to get away with repudiating oral promises in the business world, the foundation’s failures are a fundamental departure from the very foundation of Aggie culture,” the lawsuit states.

The lawsuit lists 36 individuals who account for 60 seats at Kyle Field.

“All are credible, unselfish Aggie leaders who devoted much of their personal lives voluntarily serving TAMU, true to the institution’s values,” attorney Scott McQuarrie told the Houston Chronicle in an email. “… They, their families, and the other endowed donor plaintiffs believe the foundation must admit its mistakes and return to practices that reflect an uncompromising commitment to integrity.”