In response, Spencer said, “We’re exploring the legality of the ordinance. I would think the Blues would want to welcome that.”

Under the 1992 agreement, the plaintiffs argue the city’s ownership of the building is limited to what is called a “bare legal title” where the Blues have exclusive control over the property for 50 years. Aldermen who supported public financing for the renovations argued earlier this year the city is obligated to pay because the city owns the building, but opponents say the lease essentially grants the building to the Blues through 2042.

The original ordinance passed by the Board of Aldermen in 1992 also notes the city was entering the agreement because it did not have the funds to pay to renovate the former Kiel Auditorium.

The Board of Aldermen approved the new renovations funding in a contentious meeting in February by a 15-12 vote. Coupled with interest on the bonds, the city is expected to pay $105 million on the project over 30 years.