Every successful conspiracy relies on secrecy and stealth. That’s true for the Wall Street banks which caused the 2008 world wide financial crash, and got away with billions thanks to the lack of government prosecutions. And it’s true for the privatization of Lake Texoma State Park which appears to have been set up from the start by state officials colluding with a prominent Oklahoma City law firm.
After failing to complete a promised hotel and convention center which was due by May, 2014, Pointe Vista Development was sued by the state Commissioners of the Land Office. The CLO budgeted $250K for the first year of litigation. They later approved $150K funding for each additional year, if needed.
They held their first court hearing in mid-May, 2014. Judge Roger Stuart denied Pointe Vista’s “motion to dismiss” most of the suit. He ordered both sides to focus on the issue of “specific performance” during the first phase of the law suit. The independent counsel for the CLO claimed that having the right to order Pointe Vista to move forward with construction (specific performance) was not a true remedy.
This was the only remedy provided in the Pointe Vista Purchase Agreements written by the failed developer’s attorneys at McAfee & Taft and signed by the CLO in January and May of 2008. (Areas A & B land sales)
Judge Stuart also ordered attorneys for both sides to create a hearing “Scheduling Order” which they finally did after a ten month delay.
In March, the attorneys agreed to the 2015/2016 Scheduling Order. The defendants announced that the Oklahoma Tourism Department was joining the suit on the side of Pointe Vista. Any other parties would need to come forward by May 29, 2015. Pointe Vista also wants to remove restrictions (“lis pendens”) on some but not all of the land tracts which they purchased in 2008. Judge Stuart also ordered the parties to move forward with Mediation.
Last week, attorneys for both sides agreed to request an extension of one month to June 29, 2015, to accommodate possible mediation that might preclude the need for a costly trial. This raises some serious questions about what the CLO and Pointe Vista’s attorneys are negotiating behind closed doors.
Is the CLO preparing to mediate a solution involving the transfer of Lake Texoma State Park land to a third party group of investors to assume the redevelopment project? Do they intend to leave Pointe Vista in possession of Area A land tracts surrounding Chickasaw Pointe Golf Course?
Are the state land commissioners, including Governor Mary Fallin and Lt. Gov. Todd Lamb, serious about prosecuting this case in the public interest on behalf of Oklahoma taxpayers? They and Pointe Vista created this mess in the first place.
Are the state land commissioners going to prosecute the case and possibly take back Lake Texoma State Park? Or are they preparing to sell us out?