WATCH LIVE: Duranguito/Downtown Arena hearing resumes in Austin

The face-off that’s been brewing since last October between the City and those who oppose the construction of an arena in the Duranguito neighborhood is underway in Austin.

CLICK HERE to watch the hearing live.

The biggest issue during opening statements Monday morning was the wording on the ordinance voters approved.

The City of El Paso spent the majority of opening arguments explaining the ballot language for the multipurpose performing arts and entertainment center was inclusive.

The language, the City argued, allows a variety of uses and locations. Its attorney argued the ordinance is broadly phrased to support the city’s use of discretion, saying the “multipurpose performing arts and entertainment facility” -should be allowed to house sporting events since it includes the word “entertainment.”

Attorneys against the arena argued said that shouldn’t be the case and voters were misled.

An attorney representing Dr. Max Grossman, a historian and activist leading the fight against the arena, said the voter-approved 2012 quality of life bond never stated it would be used to fund a sports facility. “That’s precisely what the city wants to do here. They want to backdoor a sports venue in through this performing arts proposition and they want to do it by saying the only words that matter are that they chose to describe this particular, individual facility using the words ‘multipurpose’ and ‘entertainment’. They want to lift it completely out of context and that’s just unacceptable,” the attorney, Cassandra McCrae, said.

An attorney representing four Duranguito residents agreed and said the city never informed voters.

The court hearing will decide whether or not the city can go forward with plans for the arena or if the neighborhood will be preserved.

The group representing the Duranguito neighborhood threatened to sue the City in April in efforts to keep the City from building the arena there.

El Paso attorney Frank Ainsa wants the City to select an alternate site for the arena and threatened a lawsuit on the grounds that “the arena does not qualify as the voter approved multi-purpose performing arts and entertainment facility.”

The City then asked a judge to issue a declaratory judgment, a ruling, confirming the validity of the Downtown arena bond and its authority to proceed with construction in Downtown El Paso.

ABC-7’s Evan Folan and Jerry Najera will be bringing you the latest from the courtroom in Austin during ABC-7 at 4.