NO. 2012 CI 19589 HAYS STREET BRIDGE RESTORATION GROUP and BEATRICE VALADEZ, of the Individually and on Behalf of Over 2800 Registered Voters Who Signed the “Petition Opposing the Conveyance of Planned Park Land for the Building of a Brewery Next to the Historic Hays Street Bridge,” Plaintiffs, v. CITY OF SAN ANTONIO, SHERYL SCULLEY, in her official capacity as San Antonio City Manager, and LETICIA M. VACEK, in her official capacity as San Antonio City Clerk, Defendants.
§ § § § IN THE DISTRICT COURT § § 288th JUDICIAL DISTRICT § § OF BEXAR COUNTY, TEXAS § § § § § §
PLAINTIFFS’ RESPONSE IN OPPOSITION TO DEFENDANT CITY OF SAN ANTONIO’S NO EVIDENCE AND TRADITIONAL MOTIONS FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: NOW COME Plaintiffs, Hays St. Group (hereinafter “Hays St. Group”) and Beatrice Valadez, Non-Movants herein, and request this Honorable Court to deny Defendant City of San Antonio’s No Evidence and Traditional Motions for Summary Judgment. INTRODUCTION Defendant City of San Antonio’s No Evidence and Traditional Motions for Summary Judgment must be denied. First, these Motions are supported by an incomplete rendition of the uncontested facts. In addition, the Motions are based on an incorrect analysis of the applicable contract law and an erroneous interpretation of Texas Local Government Code Section 253.001. Summary judgment may not be granted under Texas Rule of Civil Procedure 166a(i) (no evidence) if Plaintiffs bring forth more than a scintilla of probative evidence to support each