City, arena opponents head to mediation

Max Grossman, the historian who sued the City of El Paso to stop the construction of the Multipurpose Performing Arts Center in the area known as “Duranguito” has offered the City an opportunity to mediation.

The City has accepted.

“We are willing to participate in mediation if it will save taxpayer funds related to legal fees,” Mayor Dee Margo said.

Grossman doesn’t see this as a weakness.

“Mediation is an alternative method of dispute resolution,” Grossman told ABC-7. He wouldn’t comment further.

The City and Grossman have two cases pending before the Second Court of Appeals. One relates to Grossman’s allegation that the City violated the Texas Antiquities Act by failing to notify the Texas Historical Commission that it intended to tear down properties in a large area to build the arena. The City argued it was premature to notify the state since it didn’t own the properties. Since the lawsuit was filed, the City has notified the THC of its plans to build the arena.

In the other case, Grossman argues the City should be held in contempt because partial demolition of some buildings in the neighborhood happened despite a judge’s injunction. The City argues it did not own the properties and did not have control over the contractors hired by the private property owners. Grossman argues the City did have “control” over the area, as the statue says, and should’ve rescinded the demolition permits to prevent damage to the buildings.

It is unclear which case is going to mediation.

The downtown arena is the largest of the three signature bond projects approved by voters.