Hearing seeking injunction on Duranguito demolitions Monday

A postponed hearing requesting a temporary injunction to halt demolitions in the Duranguito area, where the city of El Paso plans to build a multipurpose arena, is set for Monday afternoon.

Judge Patrick Garcia delayed the hearing last Wednesday. The injunction is being sought by Max Grossman of the El Paso History Alliance.

Grossman said the city has issued nine demolition permits in Duranguito, including several buildings he says are eligible for the National Register of Historic Places.

“Duranguito is eligible to become a national registered district,” Grossman told ABC-7. “The city is planning to demolish national treasures for our entertainment. Who does that?”

Attorney Mark Osborn told ABC-7 private property owners have applied for permits to demolish their properties where the arena will be built and the city of El Paso “doing its normal job of issuing permits, has issued those permits.”

If an injunction is not granted, demolitions could begin as early as Tuesday, a day after Monday’s rescheduled hearing.

Garcia is also scheduled to hear arguments about whether the 384th District Court has jurisdiction to decide whether the City has complied with the Texas Antiquities Code, which stipulates any demolition within a city exceeding five acres would require a proper archaeological survey.

Osborn said the city of El Paso disagrees with Grossman’s claim and has objected to the court even having jurisdiction because they have sovereign immunity for many matters.

“The court has to hear that before it can hear the injunction,” Osborn said. “The plaintiffs were not ready to go forward on the issue of sovereign immunity, so the court said we’ll delay it until Monday, then it will determine whether it has jurisdiction first and if so then should an injunction be granted.”