City files latest argument with 8th U.S. Circuit Court of Appeals

Demolition began at four properties in a Union Plaza neighborhood on Sept. 12, 2017 despite a court order that was issued the night before. Protesters gathered and police arrived to block off the area. Credit: KFOX14 / CBS4

The new set of filings from the city to the Court of Appeals regarding the downtown arena is more than 20 pages long.

The filing concerns the 22 properties on which the city wants to build an arena. The people against the arena want to protect the buildings on those properties from being torn down.

They say the buildings are historic and the city violated the Texas Antiquities Code when it chose the location for the arena.

But the city says it notified the state about its plans. The city also says some of the buildings are private property, and the owners should be able to do whatever they want within their rights.

The city also argued the issue of government immunity. It argues since the case is in El Paso, there's a precedent to protect a government entity from certain civil cases.

There's no date for a ruling. But opponents of the arena say they expect a decision by December.

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