Two downtown San Antonio hotels in legal battle over damage caused by 'smoke and odors'

Downtown’s Indigo Hotel has sued its nearby — and swanky — neighbor the Thompson San Antonio-Riverwalk, alleging smoke and fumes from the newer property have resulted in more than $1 million in damages.

The complaint, filed last Friday in Bexar County District Court, claims that smoke venting from the Thompson’s kitchen exhaust system blows "directly onto and into the Indigo on a regular basis,” damaging carpet, furniture and fixtures in guest rooms.

The complaint also states that the Thompson's representatives have acknowledged the damage at the Indigo caused by the smoke and suggested solutions. Those include cleaning the scrubber filters in the Thompson’s kitchen exhaust system and using smokeless logs, according to the filing.

Those solutions, however, “provided short-term relief at best and ultimately failed,” the lawsuit states.

“As I tried to make clear in the petition, we have been working with them (the Thompson),” Indigo attorney Clayton Matheson told the Express-News, which first reported on the dispute. “We’re trying to be a good neighbor. I really did not want to file this lawsuit.”

Thompson developer DC Partners didn’t immediately respond to the daily's requests for comment.

The petition didn't mention specific restaurant names. However, at least one restaurant located in the 20-story Thompson — chef Steve McHugh’s Landrace — operates a wood-burning grill.

In its filing the, Indigo estimates it will cost $900,000 to renovate nine rooms damaged by the smoke and odors. The hotel also said it's lost $130,000 in revenue from those rooms being out of operation.

Further, in its suit, Indigo accuses Thompson of negligence and nuisance, saying guests have posted negative online reviews because of the smoke issues, resulting in room cancellations and a stain on its reputation.

The Indigo is seeking a temporary restraining order and injunction requiring the Thompson to shut down the operations generating the smoke and odors. The plaintiff also is seeking damages and court costs.

The petition further requests a permanent injunction, which would — following a court hearing — prohibit the Thompson from using its kitchen grills until they can be repaired or replaced to not further alleged damages to the Indigo.

“I’m hopeful they’re going to agree to shut the grill down until they get it fixed,” Indigo attorney Matheson told the daily. “That’s the goal here. We’re not trying to punish anybody. We just want them to fix the thing, and to stop the smoke in the meantime.”

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