The Scottish Rite alleges that the San Antonio Philharmonic violated its agreement to renovate its downtown venue and is using the building without compensation after failing to make multiple payments.
“The Philharmonic wants a free ride at Scottish Rite’s expense,” according to a petition filed in Bexar County District Court on Monday.
The Scottish Rite is asking the court to intervene in an ongoing case between the San Antonio Philharmonic and Peter Rubins and David Wood. The Scottish Rite wants a judge to clarify whether its agreement with the San Antonio Philharmonic is still in effect and to grant the organization sole authority to sell its auditorium.
The petition states that there was an agreement signed on Sep. 3, 2024, between the Scottish Rite and the San Antonio Philharmonic for co-ownership of the Scottish Rite Auditorium, 308 E. Avenue E, provided that the group would pay an initial investment for the venue’s restoration of $750,000 by July 31, 2025.
But that deadline came and went, the venue says in the filing.
The San Antonio Report reached out to the Scottish Rite, San Antonio Philharmonic and attorneys for Rubins and Wood. They did not comment as of publication time.
According to the petition, the philharmonic agreed to fund all restoration efforts, including American Disability Act requirements and electrical, plumbing and HVAC system updates. When the agreement was signed in 2024, those repairs were estimated to cost between $50 and $100 million.
The Scottish Rite alleged that the philharmonic also did not pay its initial investment by Aug. 7, a mutually agreed on extension.
The Scottish Rite alleged that the philharmonic violated other parts of the agreement by failing to set aside proceeds from concerts in the building for maintenance and insurance.
The Scottish Rite claims that the philharmonic damaged the building when it installed and removed a temporary HVAC system without permission. The petition also states they incurred significant electrical charges each month as a result of the HVAC system.
On Nov. 28, the Scottish Rite delivered an eviction notice to the San Antonio Philharmonic, but offered to let the group continue using the auditorium under specific conditions until the end of January.
“As a courtesy and transition accommodation, Scottish Rite offered limited, conditional permissions (storage, paid practices, and specified performance dates) only if Philharmonic elected in writing and complied with strict conditions,” read the Scottish Rite’s petition. “Philharmonic refused Scottish Rite’s offer and still uses the building without paying Scottish Rite.”
The petition asked for a trial by jury.
If the court finds that the 2024 agreement is still in effect, the Scottish Rite plans to sue the philharmonic for not holding up its end of the deal and failing to compensate the Scottish Rite while using the building.
The Scottish Rite is petitioning to be intervenors in a previous case between the philharmonic and its board members.
Wood, who had served on the board of directors previously, sued the San Antonio Philharmonic in September 2024 after a split on the organization’s board of directors led to two groups claiming legitimacy. The San Antonio Philharmonic filed a countersuit against Wood and Rubins in October 2024.
The initial lawsuit has a trial date set for March 16. The countersuit has a trial date set for Nov. 2.
The San Antonio Philharmonic cancelled its Classics V concert, which had been scheduled for Jan. 16 and 17.
