Round Top Courthouse Dispute May Head to a Higher Court

The dispute over the Round Top Precinct Courthouse might end up in district court.

Deborah Koenig, a member of the Round Top Do Your Duty Club (DYD), petitioned the Fayette County Commissioners Court two weeks ago to sign a property owner authorization form. The document would allow the DYD to pursue a historical marker for the courthouse from the Texas Historical Commission.

The Commissioners Court met last Thursday and one of the items on the agenda was to consider and take action on signing the form that Koenig requested. They ultimately did so. However, an official from the Town of Round Top protested the move.

The dispute arose last year after several Round Top locals, including members of the DYD, became concerned about possible changes to the town square and the precinct courthouse. Back in 2022, under the administration of then-Round Top Mayor Mark Massey, several proposals to improve the Town Square were presented to the public. Some of the proposed changes included moving the courthouse on the property and building a stage, outdoor seating and pavilion. A local architect even rendered drawings for the proposed changes, but they never came to fruition.

Then in January of last year, current Round Top Mayor Judith Vincent held a town hall meeting about renovations to the town square. Phase One of those renovations included new restrooms for the Square, which were completed in 2024. Phase Two was supposed to involve renovations to the Precinct Courthouse. The Record did not attend Vincent’s town hall meeting. But several citizens who did were alarmed by what they heard. Some of them came away believing that the Mayor wanted to tear down the courthouse and rebuild it.

The Record interviewed Vincent last February about the renovations.

“Rumors always spread very rampantly,” Vincent said at the time. “I think some people decided to re-interpret or restate something I said.

Vincent said the building suffers from structural issues including rotten windows and that the City was in the process of engaging an architect and engineers to study the building.

“It may involve anything from popping out windows and doors to, depending on what the structural analysis is and engineers and architects decide, what council would decide, and also based on public input,” she told the Record last February. “It could be anything from leaving it as it is and changing out the vinyl windows and doors, to raising the structure and putting utilities underneath, or really rebuilding the thing and anything in between.”

That last part – “rebuilding the thing” – didn’t sit well with some folks in the Round Top area. A few of them came to a Commissioners Court See meeting last February to voice their concerns. At that meeting, the Commissioners discussed pursuing a historical marker to protect the structure. In addition, County Attorney James Herbrich informed the Court that he believes the County actually owns the building.

Former County Judge Dan Beck signed a deed in 1984 that purportedly transferred ownership of the building from Fayette County to the Town of Round Top. But there is no record of the Commissioners Court ever authorizing the transfer. In addition, former County Attorney John Wied, who was in office during that time, agreed with Herbrich. Both Mayor Vincent and the Round Top Town Attorney disputed the County’s ownership claim.

After all this came up last year, the Round Top Town Council decided to pause any renovations to the precinct courthouse until after the July 4 celebration this year. And now, with that date soon approaching, the Fayette County Commissioners Court have again asserted their ownership of the building. They voted 3-0 last Thursday to sign the ownership document for the historical marker. County Judge Dan Mueller and Pct. 3 Commissioner Harvey Berckenhoff were absent from the meeting.

During the preceding discussion, Round Top Deputy Town Clerk David Stall protested the Commissioners’ decision.

“Our position has been pretty steady for a while now,” Stall said in an interview with the Record on Friday. “The town square is public property and under control of the Town of Round Top since 1870. The courthouse was built in 1925 on the public square. In 1984 the County deeded it to the Town of Round Top. We own the building.”

Stall said no one seeking the historical marker has asked the Town of Round Top to sign an ownership document. Stall said the group of locals seeking the historical marker want the State Historical Commission to designate the building under its highest level of classification, which includes prohibitions on changes to the structure.

Furthermore, Stall said the County Attorney has no authority to render a deed valid or invalid.

“It’s up to district court to make that decision,” Stall said. “We’re fine with that. If the County wants to pursue it, they can take it to district court.”

In addition, Stall said the Town of Round Top plans to raise an objection with the Texas Historical Commission.