The city is asking the dismissal of a lawsuit brought by downtown property owners who were unhappy to be placed in a Business Improvement District (BID) where they will be charged annual assessments.
The suit was brought by the Paty family and William Wise.
The city is also asking that the court not allow a restraining order blocking the BID from going into effect.
The case was assigned to Chancellor Jeff Atherton.
The lawsuit says after a first BID attempt failed at the City Council that another try should not have happened for a year. City Attorney Phil Noblett in the response said BIDs can be set up by petition of the property owners or by resolution. He said the one that failed was the petition. He said the City Council then lawfully proceeded by resolution.
The lawsuit also said some of the property owners did not receive notices by mail. City Attorney Noblett said the city can show that all were sent notices.
The city attorney also argued that assessed value is not the only factor in determining the special assessment rate.
Concerning churches opting out and thus changing the BID boundaries, the city attorney said the City Council has the right to alter the district lines.
On the failure to produce a map of the BID, Attorney Noblett said one is not required.
Attorney Noblett said, "With the exception of the mailing issue, which requires a brief hearing, this lawsuit should be dismissed."