Mediation, or Betrayal by the OK Land Commission




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?




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Lake Texoma Weather Forecast

Wednesday

Partly Sunny

Hi: 58

Wednesday Night

Partly Cloudy

Lo: 44

Thursday

Mostly Sunny

Hi: 65

Thursday Night

Mostly Clear

Lo: 54

Friday

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Lake Texoma

Fishing Report from TPWD (Mar. 20)

GOOD. Water normal stain; 57 degrees; 1.35 feet below pool. Striped bass fishing is good using live shad on main lake ledges and flats in 30-40 feet of water. The bite has improved drastically around 10:30-11:00 A.M. each day, so stick it out if you are not seeing active fish early. Backs of coves and around the mouths of the rivers are good with swimbaits in 8-15 feet of water where the water is dirty and warmer. Catfish are slow, anchor in shallow water near the rivers where the inflow is using whole gizzard shad or cut buffalo for big fish. Smaller fish showing up on the flats in 20-30 feet of water. Crappie are fair in the creeks in 1-5 feet of water using jigs and minnows on brush sticking up or lay downs from the bank. Mo glo and black/chartreuse on a slip cork in shallow creeks. Largemouth and smallmouth bass are fair on swimbaits along the bluffs and on sandy points with stumps in 5-8 feet of water. Topwater bite will be on soon! Report by Jacob Orr, Guaranteed Guide Service Lake Texoma. Striped bass continue to be caught with Alabama rigs or sassy shad targeting structure. Somedays fish are in 5 feet and some in 40 feet of water. The water clarity is clear near the dam and muddy where rivers enter the lake. Report by John Blasingame, Adventure Texoma Outdoors.

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