LUBBOCK, Texas — During a routine check of court records on Tuesday, EverythingLubbock.com obtained a copy of the City of Lubbock’s defense in a lawsuit filed by the owners of Raider Park Garage.
The current owner of Raider Park, MVP Raider Park Garage LLC, sued in October.
The lawsuit said the city’s Zoning Board of Adjustment granted a variance in 2012 to allow oversize signs on the side of the 11-story garage. The lawsuit said the city revoked the variance without first giving proper notice.
The lawsuit said, in essence, the city notified the previous owners instead of the current owners. The current owner said taking away the variance caused financial damage.
The city’s response said proper notice was indeed given according to state law. But moreover, the city argues it made a mistake in granting the variance to begin with.
“[The city] assert that the granting of the variances in 2012 was invalid,” the city said.
Related Story: Raider Park sues Lubbock for $1 million or more
“The variances [were] merely for financial considerations and did not relate to unique aspects of the property,” Lubbock said in court records. “As such, if the Court determines that it can review the conditions of the 2012 variances, the original variances are void.”
The original lawsuit seeks $1 million or more in damages. The lawsuit continues in State District Court.
