City asks judge for confirmation it can build arena

Activists and supporters who want the preserve the Duranguito neighborhood in Downtown El Paso held a “Save Duranguito Festival.”

Friday evening the Duranguito neighborhood was bustling. Some were out for a stroll and others taking in the history of the neighborhood.

“I’m here to capture the photographs of what we have left and the history that El Paso has to offer,” said Elilah Soto.

Soto was born in El Paso, moved to Dallas and came back to be part of the community again.

“It breaks my heart to see that history being erased from a part of our city,” Soto said.

And that was the sentiment of many who attended the Save Duranguito Festival but under the eye of local art and music many don’t know the legal battle that is taking place behind the scenes.

This week, the city announced it will move ahead with construction of the arena because it acquired all of the properties it needed.

ABC-7 has learned there is a pending lawsuit against the city.

El Paso attorney Frank Ainsa demanded the city select an alternate site for the Downtown arena and threatened a lawsuit against the city on the grounds that the arena does not qualify as the voter approved multi-purpose performing arts and entertainment facility and the fact that the wording on the ballot for the election made no specific mention of the facility to be built Downtown.

Before the lawsuit was filed, the city asked for for a “declaratory judgment” in Travis County, asking a judge to confirm the validity of the Downtown arena bond and the city’s authority to proceed with construction in Downtown El Paso.

The city said the lawsuit is irrelevant because the arena would be used for both sporting and cultural events.

“They are counting on making this difficult for us by throwing wrenches in our spokes and moving to another city, shortening the time table,” said Max Grossman.

Grossman, of the El Paso History Alliance says their legal team is ready for the battle.

“The fact is we have a legal team that is second to none. It is extremely well funded and we can go as long as we need too and whatever it takes,” Grossman said.

Soto says it’s worth the fight.

“People say out with the old and in with the new but sometimes you need to keep some of the old to keep that value,” Soto said.

The city is asking the case be heard by May 30, 2017 at 10 a.m.

Since the trial has been requested in Austin, many interested El Pasoans would not be able to attend.