Wrong on Right-of-Way?

I don't have too much to add to it; I just wanted to point out AustinContrarian's fine dissection of Brewster McCracken's talking points in the Las Manitas fracas – specifically, the assertion that the Perez sisters had the ability to bring the entire Marriott project to a halt by denying an alley right-of-way the hotel needed. I think this passage lays it out pretty well:

"I am skeptical that the Perez sisters have the right to force the alley to stay open. No, not skeptical: I think Brewster is flat wrong. Cities need to close streets and alleys from time to time. Abutting landowners will not always agree. It would be unreasonable to allow a single property owner to hold the city hostage. (According to Austin's loan program director, the Las Manitas loan is not even conditioned on the alley being closed – a bizarre omission if this was the real reason for the loan.)

The Perez sisters do have a legal interest in the alley. But that does not mean they can force the city to keep it open. The government, through eminent domain, can condemn virtually any property interest, including an abutting landowner's interest in a right of way."

This is also astute:

"Here's my take: Council does not want to obstruct the Marriott project. Marriott's made it clear that it needs part of the alley closed. But this would require Council to close the alley over the Perez sisters' objection. Council can legally do that, but then it would be in the awkward position of battling the Perez sisters publicly over the amount of compensation they are due (with the city's legal staff probably telling Council that the city owes them nothing). Council didn't have the stomach for that fight, so it gave Las Manitas the forgivable loan, which some may have wanted to do anyway for reasons of "icon preservation." The forgivable loan is really just the Council's attempt to buy itself out of a politically awkward spot."

AC also raises a question that has completely managed to sail under the radar: If the loan secured the Perez sisters' compliance with the development, isn't it more of a gift to Marriott than Las Manitas?