Texas Supreme Court declines to rehear Duranguito lawsuit case

EL PASO, Texas (KTSM) – The lawsuit concerning the potential Downtown arena in the Duranguito neighborhood will not be reviewed by the Texas Supreme Court.

The Court on Friday declined to review the lawsuit between the City of El Paso and local conservationist Max Grossman.

According to a news release from the City of El Paso, which claimed victory and said the decision will allow plans to move forward to build a Multipurpose Performing Arts and Entertainment Center, which could also host sporting events.

“I am pleased with the Texas Supreme Court’s decision. We have one more legal proceeding to clear the path to building the Multipurpose Center, but this is a long awaited step in the process to fulfilling the will of the voters,” said Mayor Dee Margo.

Grossman has not issued a statement on the Texas Supreme Court’s decision, nor has J.P. Bryan, a Houston billionaire who has been Grossman’s ally in the fight against the City.

The planned project was part of a 2012 Bond election that was approved by voters but was disputed because it did not include the word “sports” in the ballot language.

“Time and time again the courts have validated that El Paso voters authorized the City to build a facility with a broad entertainment purpose to include sporting events and that we can utilize outside funding to develop the project,” City Attorney Karla Nieman said. “I’m very proud of the hard work and dedication by the City Attorney’s staff and outside counsel in protecting the City’s interest and the contract with our voters.”

Before an archaeological study can be conducted on the land where the arena would be built another case must be decided, a news release said.

“However, the opposition once again filed an appeal in August 2019 with the 8th Court of Appeals in a separate case regarding the issuance of the Texas Historical Commission (THC) permit for the on-site archaeological study,” the release said. “This case is still pending a decision by the 8th Court of Appeals and prevents the City from completing the study. The City remains steadfast in complying with court orders related to the MPC.”