Grossman: City has not taken steps to settle legal dispute despite council vote; buildings need to be secured
Editor's note: This story has been updated to include the City's response provided Tuesday, and to clarify Grossman didn't claim the City had not reached out, only that the communication has not led to settlement discussions.
EL PASO, Texas – It has been three months since El Paso's city council voted unanimously to explore options to settle the lawsuit filed by architectural historian Max Grossman and Grossman says - the City is "dragging its feet."
In a letter sent Monday to city attorney Karla Nieman, Grossman's attorney reminds her of the council vote and the City's apparent inaction.
"Even more disturbing," the letter by attorney Carlos Eduardo Cardenas reads, is that "city council has taken no action to protect the buildings in Duranguito from damage caused by the elements or from potential damage from vagrants."
Council has several times discussed at length what to do with the properties since the November 9 vote, exploring things like reinforced fencing and how to cover the large holes in the buildings without threatening their structural integrity, but discussions have not resulted in a final plan to address the issue.
"If the City continues to drag its feet and not engage in this process, we will have no alternative but to initiate further legal proceedings to protect the buildings" while the City waits for the Texas Supreme Court to decide whether to hear its appeal, warned Grossman's attorney.
A spokeswoman for the City disputed Grossman's assertion. City staff hadn't had a chance to review the letter due to Monday's council meeting, and they need to do that to provide comment, she told ABC-7.
On Tuesday, the City provided ABC-7 this update:
"Responding to Council’s direction, staff worked on a plan to weatherize the buildings in the MPC footprint that are the subject of a lawsuit between Max Grossman and the City of El Paso. City staff also worked with the Purchasing department before the holiday break to issue a Request for Qualification (RFQ) solicitation. Because of the work in the abbreviated timeframe due to the holidays, city staff was able to issue the RFQ on January 14. The responses to the RFQ are due on Friday, February 18.
"We anticipate taking the award to Council during the March/April City Council meetings. Also on November 9, Council directed the City Manager and the City Attorney to engage in discussion to identify various options for the ongoing resolution of the pending litigation. The outside consultants that will be hired as a result of the RFQ responses will be instrumental in providing options for consideration in further discussion with Max Grossman’s lawyers. Those discussions will be facilitated with the work of the consultants who the Council may hire in the next few weeks," read the statement.
