Two key backers of San Antonio Philharmonic sue, demand loan repayment

Two key supporters of the San Antonio Philharmonic during its rise from the ashes of the now-defunct San Antonio Symphony have sued the orchestra, demanding it repay what court documents characterized as $180,000 in loans.

The lawsuit, filed Tuesday in Bexar County District Court by married couple and major Philharmonic donors David Wood and Colette Holt accuses the organization of breach of contract. The petition seeks repayment of money the pair provided the Philharmonic to buy its music library and a band shell used in performances.

Wood served on the Philharmonic's board from early 2023 until this summer. At least a dozen employees, including Chief Financial Officer Sylvia Romo and two other board members have also departed in recent weeks, according to the San Antonio Report.

When contacted by the Current, Philharmonic Executive Director Roberto Treviño disputed the suit's allegations and said the organization has retained attorney Kelli Cubeta to pursue its own claims against Wood and Holt.

"We have an attorney that's going to respond to that lawsuit, and we're going to be filing a counterclaim against [the plaintiffs] for their behavior," said Treviño, a former District 1 councilman. "We have documented all these things have occurred."

Robert L. Barrows, the attorney representing Wood and Holt in the suit, was unavailable for comment at press time Friday.

However, Holt told the Current the suit is a last resort, adding that Treviño has repeatedly declined to communicate with she and her husband about concerns regarding the Philharmonic and its finances. The pair are "concerned about the viability of the organization" and want to resolve the matter quickly, she added.

"We were motivated to protect the music library, which is an irreplaceable asset that should belong to the people of San Antonio," she said.

Holt declined further comment.

A rift among board members this June ultimately removed then-president Brian Petkovich, who co-founded the orchestra after the 2022 bankruptcy of the Symphony, according to the San Antonio Report.

Amid the fight, Wood sought to rescind an interest-free $150,000 loan made in September 2022 to help the fledgling Philharmonic buy its predecessor organization's music library, the online news organization reported.

According to the lawsuit's claims, $15,000 of that loan has already been forgiven, and Wood and Holt seek to recover the remaining $135,000. They're justified in seeking the money's return because the orchestra "no longer remained in business as an orchestra under its Bylaws," the filing maintains.

The petition also alleges that Wood loaned the orchestra another $45,000 to purchase a shell it could use to improve acoustics when it plays at the Majestic Theatre. The plaintiffs maintain that the organization never bought the item.

Treviño fired back at both claims. He pointed to the Philharmonic's recently commenced Third Season, which includes performances scheduled for the weekend of Sept. 27-28, as evidence that it's still in operation. What's more, the organization purchased the shell for which Wood loaned it the money.

"It was purchased and we do have the receipts," he said.

Treviño said the Philharmonic is moving ahead despite the legal dispute and plans to continue its season. He added that it also plans to seek an additional $110,000 in city funding this fall.

"Right now, we're planning a concert for next Friday and Saturday, and that's what we're focused on," Treviño said. "We're not going to let this distract us."

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