[Note: This article addresses the virtual news blackout on the Pointe Vista case.  Except for coverage here and in Kingston and Durant, very little of this case has been reported by the mainstream media.  If you want to help break through this media blackout, letters to local newspapers and the DFW, Tulsa and OKC papers can go along way to spread this news.  The more people who are watching the OK land commissioners and this OK County judge, the better our chances they will not mediate a bad deal for the taxpayers. - slw] 

Ending the Media Blackout on Pointe Vista

Usually when public disputes go to court, they get lost. Out of sight, out of mind. A media firewall goes up. Newswriters wait to report the final verdict or settlement. With the exception of coverage in the Madill and Durant newspapers, this happened with the case against Pointe Vista. The Oklahoman has had some coverage, but not enough. And none in Tulsa or DFW.

Lake Texoma State Park is irreplaceable, highly valuable real estate. I’ve heard estimates over $100 million. Pointe Vista paid $14.6 million for 758 acres of it. The Commissioners of the Land Office (CLO) sued Pointe Vista in Oklahoma County Court - for breach of contract. And whether the park land should be taken back.

Pointe Vista failed to build the promised hotel. They failed to build the promised convention center. Long before the suit was filed, Pointe Vista announced they would build dozens of rental town homes around Chickasaw Pointe Golf Course. That was not promised!

The CLO sued them in January of last year. The only court hearing was on May 16, 2014. Judge Roger Stuart ordered several things at that time. Read carefully what he said:

“I want you all to go back right now and come up with a scheduling order. I want to have a discovery conference maybe within two weeks. I want you all to lay out for me what discovery is going to consist of. We’re going to limit discovery to the issue of specific performance as opposed to all of these other things.”

“I want you to go ahead and set a hearing. I don’t know who’s going to move. I want you to go ahead and set some hearing dates at this time. I don’t see any reason — I’m not going to sit around here and in a year from now be arguing what’s a commercially reasonable amount while we’ve sat on this case for a year doing a bunch of discovery and stuff.”

“I think it would be a great time to start today. I think a great time to start talking about that is while you’re doing a scheduling order back there. Don’t you all?” Pointe Vista’s attorney Michael McClintock said, “Absolutely, Your Honor.”

“And at some particular point if you reach an impasse and need a mediator to resolve some of the issues before we have a hearing, then I want to make sure that that’s made available to you all and you all know that that’s an alternative.” McClintock: “We appreciate that, Your Honor.”

Judge Stuart, “All right. You want to draw up an order?” McClintock: “Absolutely.”

Ten months later (3/09/15) the attorneys finally produced a Scheduling Order for the case. They said the Tourism Department will join them as a co-defendant. Stuart ordered the CLO and Pointe Vista (3/19/15) to enter mediation within 45 days.

One year after the first hearing, Stuart had the authority to order a second court hearing. Instead, he ordered Mediation within 45 days. Four months have passed, and no mediation.

Last month we learned that Pointe Vista failed to inform the Court of an existing mortgage loan of over $3.6 million on the park land. Pointe Vista began selling land parcels to their owners and corporate officers last August. It appears that their “Motion to Dissolve Lis Pendens” (scheduled for June 30) was intended to allow them to sell even more of the park land. That is, before it was reported here and elsewhere.

Last week we learned three things from the Oklahoma County Court.

Pointe Vista didn’t file their motion on June 30. The parties have yet to choose a mediator, and they have yet to set a date for mediation. They all seem to be dragging this out as long as possible. And for what reason? It’s time for Judge Stuart and the CLO to provide some answers. They should explain these ongoing delays to the Oklahoma taxpayers they work for. What is going on here?

One thing is for sure. With the help of local papers, like The Madill Record and the Durant Democrat, we are breaking through the media blackout on Pointe Vista. Thanks!  [And thanks to LakeTexoma.com!]

Stephen Willis, Kingston