EL PASO, Texas (KTSM) - El Paso historic activist Max Grossman's legal team has requested that the Second Court of Appeals dismiss a case related to the Multipurpose and Entertainment Center (MPC) which is set to be built in the 'Duranguito' neighborhood in Downtown El Paso.
The motion was filed on Monday, requesting to withdraw the complaint against the City of El Paso and dismiss the case. The case in question addresses whether City officials complied with the Order of the 8th Court of Appeals issued Sept. 11, 2017 which stated that any planned demolition within the MPC footprint must be put on hold pending legal proceedings.
The order was addressed to the City, however, private land owners who were not bound by the legal proceedings sent in demolition crews to begin work the morning after the Order was released, on Sept. 12, 2017. Crews managed to knock holes in five properties along Chihuahua and Overland Streets before being stopped by protesters.
The motion stated, “Dr. Grossman now stipulates that the evidence produced during discovery will likely not show that officials with decision making authority at the City intentionally took any action (or failed to take action) to violate the Order of the 8th Court of Appeals.”
The City says they will not object to the request for dismissal of the case.
“The City in the interest of saving taxpayer funds recently agreed to participate in mediation related to this legal matter. The request to dismiss this case shows that the City did act in full compliance of court orders,” Mayor Dee Margo said.
Grossman's legal team still has several other cases relating to the MPC in litigation at this time. The demolition of Duranguito buildings has been put on hold indefinitely pending the outcome of the remaining court cases.
The MPC project is the largest of three signature bond projects approved in 2012 by voters. According to the City, despite the ballot language not stating the arena would be built downtown, the ordinance calling for the election stated that the MPC would be located in the Downtown area.