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Judge dismisses Texas A&M stadium reseating lawsuit

Troy Taormina / USA TODAY Sports

Texas A&M football fans may have to deal with stadium renovations changing their seats after a Florida judge has dismissed their lawsuit.

U.S. District Judge William Dimitrouleas has dismissed a class-action lawsuit brought against the 12th Man Foundation because the lawsuit does not meet the criteria to proceed with the action, according to the Fort Worth Star-Telegram's Max B. Baker.

The Aggies' Kyle Field is undergoing renovations that will allow for the stadium to seat 102,500, becoming the largest stadium in the Southeastern conference. The majority of the funds for the renovations will come from the annual seat licenses, triggering massive reseating of loyal seat holders.

The family of Warren Moore, Aggie fan and booster, sued Texas A&M, alleging breach of contract and misrepresentation after they were promised the best seats in Kyle Field for life due to a $60,000 donation to the university scholarship fund. Other seat holders joined the class action, originally in Texas, but a Texas federal judge dismissed the lawsuit because it would not meet the criteria for a class action.

The lawsuit was then filed in Florida, based on the residence of former Aggie Barbara Brunner in Fort Lauderdale, however, the Florida judge determined that "the combination of a phone call and e-mails to (Brunner), who happened to be located in Florida at the time, along with football games that have yet to be scheduled or take place do not amount to a substantial part of the events giving rise to the plaintiff's claim."

The reseating occurred through May, with the foundation giving seat holders a $2,000 seating allowance to allow them to pick another seat without paying more money. If the fan chose a more expensive seat, the $2,000 was applied to the additional cost.

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