The Scottish Rite has initiated legal proceedings against the San Antonio Philharmonic, alleging that the organization breached their co-ownership agreement regarding the renovation and use of the Scottish Rite Auditorium. The complaint, filed in Bexar County District Court, claims the Philharmonic failed to make a crucial payment of $750,000 by the agreed deadline, which has resulted in the organization using the venue without compensation.
According to the petition submitted on November 27, 2023, the Scottish Rite asserts that the Philharmonic has sought to benefit from the facility without fulfilling its financial obligations. The document states, “The Philharmonic wants a free ride at Scottish Rite’s expense.” The legal action comes amid ongoing disputes between the Philharmonic and its board members, specifically involving former board member Peter Rubins and David Wood.
Details of the Agreement and Allegations
The agreement in question was signed on September 3, 2024, which allowed for co-ownership of the auditorium located at 308 E. Avenue E. As part of the deal, the Philharmonic committed to fund significant renovations estimated to cost between $50 million and $100 million. These renovations were intended to address compliance with the Americans with Disabilities Act, as well as updates to the building’s electrical, plumbing, and HVAC systems.
The petition indicates that the Philharmonic not only missed the initial payment deadline of July 31, 2025 but also failed to adhere to a mutually agreed extension until August 7, 2025. Furthermore, it accuses the Philharmonic of neglecting other contractual obligations, such as allocating concert proceeds for maintenance and insurance of the facility.
The Scottish Rite also claims that damage was inflicted on the auditorium during the installation and subsequent removal of a temporary HVAC system, conducted without prior authorization. This has reportedly resulted in significant monthly electrical charges that the Scottish Rite now faces.
Eviction Notice and Upcoming Trials
On November 28, 2023, the Scottish Rite issued an eviction notice to the San Antonio Philharmonic while offering conditional access to the auditorium until the end of January 2024. The conditions included limited permissions for storage, paid practices, and specific performance dates. According to the petition, the Philharmonic declined this offer but continues to occupy the building without any compensation.
The Scottish Rite’s legal action seeks to clarify the status of the agreement and aims to establish its right to sell the auditorium if necessary. If the court determines that the agreement remains valid, the Scottish Rite intends to pursue damages against the Philharmonic for its non-compliance.
This dispute is set against a backdrop of internal conflict within the Philharmonic, where Wood previously filed a lawsuit against the organization in September 2024, following a split on its board that led to competing claims of legitimacy. The Philharmonic responded with a countersuit against Wood and Rubins in October 2024. The initial lawsuit is slated for trial on March 16, 2025, while the countersuit is scheduled for November 2, 2025.
The ongoing legal challenges highlight significant tensions within the San Antonio Philharmonic, as well as the financial pressures faced by both the organization and the Scottish Rite regarding the future of the auditorium.