College Station files court response to lawsuit regarding unpaid Post Oak Mall maintenance costs
COLLEGE STATION, Texas (KBTX) -According to court records, the City of College Station has officially responded to the lawsuit filed by CBL & Associates, the company that owns Post Oak Mall.
The lawsuit alleges that common area costs to maintain the old Macy’s building have not been paid, with CBL claiming it is owed more than $41,000 for its share of the cost.
In a previous statement, the city has consistently maintained that it is willing and ready to pay for maintenance on its city-owned property. However, it asserts that paying for anything beyond that would be illegal. The City of College Station emphasizes that it is not permitted to utilize public funds for the upkeep of a privately owned mall.
College Station files court response to lawsuit over unpaid Post Oak Mall maintenance costs
In recently submitted court documents, the city refuted all allegations made by CBL & Associates, citing full immunity from legal action and liability based on the Texas Tort Claims Act (TTCA).
The city also highlights its home-rule municipality status, granting immunity from legal action unless expressly waived by statute or the State Constitution.
In its legal filing in Brazos County, the city asks the court to reject CBL & Associates’ claims, citing an alleged absence of subject matter jurisdiction. The city also requests that CBL & Associates not receive any compensation in this legal dispute, that all claims against the city be dismissed with prejudice to prevent future litigation, and that any other suitable relief, whether general or special, equitable or legal, be secured to which the city may be justly entitled.
College Station Court Response Addressing Post Oak Mall Lawsuit by KBTX on Scribd
