City: Appeals Court dismisses latest Grossman request regarding Duranguito

The Third Court of Appeals in Austin upheld its recent judgment stating the City of El Paso is authorized to build a Multipurpose Performing Arts and Entertainment Center (MPC) that accommodates sports, and sporting events, and may use outside funding sources for its construction, the City of El Paso announced Thursday.

“This is an important legal victory for the City of El Paso. The court ruling resoundingly affirms we are authorized to build the voter-approved MPC. By allowing sporting events and the use of outside funding sources we can ensure this is a world class regional amenity,” said Mayor Dee Margo in a news release.

Thursday’s ruling by the Court of Appeals denied a request by historian Dr. Max Grossman to rehear the case. Additionally, the City says, the judgment enjoins other lawsuits that question the validity of the bonds or bond expenditures.

Grossman is spearheading an effort to protect several properties in the Duranguito neighborhood from demolition. Grossman and other local historians argue the neighborhood should be preserved because of its historical significance to El Paso.

On Friday, Grossman told ABC-7 that his legal team has 45 days to file a petition for review to the state’s supreme court.

Grossman isn’t sure yet whether his team will take that route.

And while Grossman and the city battle it out in court, those still living in Duranguito are left in a state of uncertainty.

Antonia Morales is one of just two people still living in the footprint of the proposed downtown arena.

Morales, who is 90-years-old, realizes that her days living in Duranguito maybe numbered, but she says she’ll continue to fight.

“If I lose, then I’ll have to leave and I’ll have to find an apartment,” Morales said. “It’s going to hurt when they tear everything down because it’s our history. It’s the roots of El Paso.”

The City acquired multiple properties in the neighborhood, where it plans to build the voter-approved arena. An archeological study is underway in the neighborhood to determine whether there are any historical artifacts buried underneath some of the City-owned properties in Duranguito.

The City of El Paso no longer has to notify Grossman or his legal team when it issues demolition permits for buildings in the neighborhood.