The Scottish Rite has filed a petition in Bexar County District Court, alleging that the San Antonio Philharmonic has violated their co-ownership agreement regarding the Scottish Rite Auditorium. The dispute centers around an alleged failure to make a crucial payment of $750,000 for the venue’s renovation, which was due by July 31, 2025. This situation has escalated, with the Scottish Rite claiming that the Philharmonic is using the building without proper compensation.
In the petition submitted on November 28, 2024, the Scottish Rite asserts that the Philharmonic is seeking to benefit without fulfilling its financial obligations. The filing states, “The Philharmonic wants a free ride at Scottish Rite’s expense.” As part of the legal action, the Scottish Rite is requesting a court ruling to determine the status of their agreement and to allow them to sell the auditorium independently.
According to the agreement, signed on September 3, 2024, the Philharmonic was responsible for funding all restoration efforts for the auditorium, which included compliance with the Americans with Disabilities Act, as well as updates to electrical, plumbing, and HVAC systems. Initial estimates for these repairs ranged between $50 million and $100 million. The Scottish Rite claims the Philharmonic failed to pay the initial investment by the extended deadline of August 7, 2024.
The petition highlights additional breaches of the agreement, including the Philharmonic’s failure to allocate concert proceeds for maintenance and insurance of the venue. Furthermore, the Scottish Rite alleges that the installation and subsequent removal of a temporary HVAC system by the Philharmonic caused damage to the building and resulted in significant monthly electrical charges.
On November 28, 2024, the Scottish Rite issued an eviction notice to the San Antonio Philharmonic. Despite this, they offered limited access to the auditorium under specific conditions until the end of January. The petition indicates that the Philharmonic declined this offer and continues to use the facility without making payments.
Should the court find that the original agreement remains valid, the Scottish Rite intends to pursue legal action against the Philharmonic for non-compliance and for not compensating them during the use of the property. They also seek to intervene in an ongoing case involving the Philharmonic and its board members.
The legal complexities surrounding the San Antonio Philharmonic extend beyond this dispute. In September 2024, Peter Rubins and David Wood, former board members of the Philharmonic, filed a lawsuit following a split in the organization’s governance. The Philharmonic subsequently countersued Rubins and Wood in October 2024. The trial for the initial lawsuit is scheduled for March 16, 2025, while the countersuit is set for November 2, 2025.
The ongoing legal battles and financial disagreements have not only put the future of the Scottish Rite Auditorium in jeopardy but have also cast a shadow on the San Antonio Philharmonic’s operations. The organization recently cancelled its Classics V concert, originally planned for January 16 and 17, 2025, as it grapples with these challenges.
As the situation develops, the Scottish Rite aims to clarify its legal standing and regain control over its property, while the Philharmonic faces mounting pressure to resolve its financial obligations and internal disputes.
