Published on Tuesday, July 10, 2018

District Court denies request to prevent permits for 803 N. Cherry

CONTACT: Thea Setterbo, 210-207-7349


SAN ANTONIO (July 9, 2018) — Today, District Court Judge Laura Salinas denied a request by the Hays Street Bridge Restoration Group to delay construction permits for the property at 803 N. Cherry until the Texas Supreme Court rules on an unrelated immunity matter. The Court’s order today is added confirmation that any Texas Supreme Court decision will not impact the development from moving forward.


“The issue before the Supreme Court deals with a very narrow immunity issue,” City Attorney Andy Segovia said. “We are glad Judge Salinas saw that there was no linkage between the Supreme Court matter and moving forward on the project.”


In July 2014, a Bexar County jury determined that the 803 N. Cherry property was not “owned, held or claimed as a park.” The judge entered judgment that the land was not held as a park but ordered that the City apply all funds, including those from the sale of the Cherry Street property, toward bridge restoration costs. The City complied with that order when it sold the property and applied the funds to the restoration costs of the historic Hays Street Bridge.


The issue now before the Texas Supreme Court will address various legal questions concerning governmental immunity.


The sale of the land, which has been subsequently sold to a developer, is not an issue before the court and will not be affected by the outcome of its decision.


Attached: today’s order from Judge Salinas and the 2014 District Court judgment.

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Author: Melanie Morales (GPA)

Categories: City News



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