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disadvantaged population, with the majority of the student body
drawn from minority groups.
Classes were initially conducted in property leased to the
school at 315 North Hackberry Street in San Antonio, Texas. By
cash warranty deed dated February 10, 1998, petitioner became the
record owner of property at 309 North Hackberry Street and 527
and 531 North Center Street in San Antonio. The 309 North
Hackberry Street location has since constituted the school’s
principal place of business. By a rental agreement dated May 1,
1998, Ms. Fennell purported to lease the 309 North Hackberry and
527 North Center properties to petitioner for $1,500 and $1,000
per month, respectively.
Personally, Ms. Fennell is the record owner of properties at
902 East Crockett and 442 Westminster Avenue in San Antonio. The
latter property constitutes Ms. Fennell’s principal residence.
Petitioner maintained various commercial checking accounts
at Frost National Bank. Ms. Fennell possessed check writing
authority on these accounts. Checks from petitioner’s bank
accounts were issued to make purchase price and mortgage payments
on the properties titled to Ms. Fennell in her personal capacity
at 902 East Crockett and 442 Westminster Avenue. Petitioner’s
funds were likewise used to make payments on leases entered by
Ms. Fennell as an individual on other properties. Ms. Fennell
also from petitioner’s bank accounts issued checks to herself as
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Last modified: November 10, 2007