Harry Milner Whittington

Harry Milner Whittington of Austin passed away peacefully after a brief illness on Saturday, February 4, 2023, surrounded by his loving family. He was born on March 3, 1927, to Roy and Clara Whittington in Henderson, Texas. After attending public schools in his hometown and becoming an Eagle Scout, Harry entered the University of Texas in 1944 where he was a member of Phi Delta Theta Fraternity. While in college, he worked in a men’s clothing store and was a booking agent for dance bands. At age 18, he began military service, which continued until the end of World War II when he resumed his education, graduating from UT Law School in 1950. That same year Harry married the love of his life, Mercedes Baker of Goliad, and they made their home in Austin. Over the next 12 years they became parents of four daughters. As a solo practitioner for his entire career Harry went to his office every day, even into his mid nineties. Harry engaged in a wide range of law and public service, much of which was spent in litigation against the City of Austin.

Harry was committed to championing the rights of private property owners against eminent domain and never shied from defending property owners from government overreach. In 1959, he challenged the City of Austin’s participation in the controversial Federal Urban Renewal Program that provided funds for government takings of private property in low-income areas. When the City election passed by a 52-vote margin, Harry filed suit to overturn the election due to voting irregularities. After a 10-day trial, the Judge opened the ballot boxes to find enough disqualified voters to declare the election void. In 1984, Harry also brought suit contesting the City’s attempt to enforce invalid ordinances against his downtown buildings. Beginning in 2000, Harry battled the City of Austin for sixteen years after it seized a City block from his family.

Whittington began his career in public service as a new lawyer by serving on the District Ten Grievance Committee of the State Bar. When he became a new member of the State Board of Corrections, he cast the first negative votes in the history of the Board, by opposing the proposal to construct a new prison in the Rio Grande Valley and voting to end the Texas Prison Rodeo which had been held every Sunday in October for fifty years.

Beginning in 1979, he served the State for 20 years under appointments from Governors Clements, Bush and Perry to the Prison Board, Public Finance Authority, Funeral Services Commission, Patient Protection Commission and a State Task Force on Mentally Impaired Offenders Program in prisons. His efforts led to the establishment of a separate prison unit to house developmentally disabled inmates. He was also involved in the movement to ban execution of developmentally disabled inmates. He never accepted payment or reimbursement from the State for his services and expenses. Reform of the criminal justice system, insistence upon competitive bidding and greater accountability to taxpayers and consumers became his governmental pursuits. He was often consulted by State leaders for his strong moral character and wise counsel. During ongoing litigation in which Texas prisons were declared to be in violation of the Constitution of the United States, Whittington served as liaison between the State Attorney General and the Special Master appointed by the Federal Court to monitor prison operations until they were brought into constitutional compliance.

Whittington served as director of several financial institutions in Austin and was involved in the development and operation of downtown real estate projects. Beginning in 1958, Harry developed, managed and constructed one of downtown Austin’s first high-rise office buildings on Brazos Street, where his office is still located today. In addition, Harry developed other office buildings and projects, including two hotels and the Mount Bonnell residential subdivision. Harry was a co-founder of Tarry House, and was a director of ski resorts in Vail, Colorado and Snowbird, Utah. Harry was a longtime member of the Episcopal Church of the Good Shepherd and an early member of the St. Andrew’s Episcopal School Board. He was active in the establishment of the Joe Freeman Park in Round Rock and the Lavinia Griffith Boy Scout Park in Bastrop.

He was preceded in death by his sister Margaret Holloway, his daughter Claire Whittington and son-in-law Mike Gregg. He is survived by his wife Mercedes; his daughters: Sally May, Peggy Puckett and husband Ty, and Mimi Gregg; six grandchildren: Lynn Kasten and husband Ryan, S.W. “Whitney” Knight and husband Zach, Caroline Hairston and husband Brett, Michael May and wife Ally, Camille May, and Will Puckett and wife Sara; six great grandchildren: Hudson and West Kasten, Hadley and Evie Hairston, and Isla and Alexander Knight; and by his niece and nephew Judy and Mike Holloway and wife Lori.

The family expresses sincere gratitude and appreciation for the comfort, care and compassion extended by Jennifer Staub Myers, Roxanne Jara, Monique Limon, Addy Dean, Esther Saldana, Madisyn Clark and Yolanda Yescas.

A memorial service will be held at 2:00 pm, Monday, February 20, 2023 at The Episcopal Church of the Good Shepherd, 3201 Windsor Blvd, Austin, Texas 78703.

In lieu of flowers, please consider supporting the Episcopal Church of the Good Shepherd Building Fund https://gsaustin.org/giving-2/campaign-to-build-the-beloved-community/ and Hospice Austin https://www.hospiceaustin.org.