CLO Settlement Dissolves Redevelopment Project

by Stephen on 09/30/2015

An Open Letter to County Commissioners and Judge Roger Stuart]

Almost two weeks ago, Governor Fallin announced “that the Commissioners of the Land of the Land Office voted to approve a settlement on the stalled hotel development on former state park land on Lake Texoma.”   This “news release” from her office is titled, “Lawsuit Settled.”

However, the agreement between Tourism, Pointe Vista (and their attorneys) and the CLO has not been submitted to the OK County District Court for Judge Roger Stuart’s approval.  That’s the approval that counts.   Governor Fallin fails to share this information, preferring to deceive.

The governor’s second Big Lie is the “stalled hotel development.”  It was never started.  There was nothing to stall.  Our frustrations were never with a “stalled development.”  They were with years of false promises by the CLO, Tourism, and Pointe Vista.

Since before the  CLO filed suit against Pointe Vista, the official PR has always been about “moving the project forward.”  Nowhere in the court filings did Pointe Vista request to be released from their two purchase agreements with the land commission.  Never in more than seven years did they say they couldn’t build the hotel and convention center.  This is the first indication they are abandoning the” Pointe Vista Development,” and letting them keep most of the park land.

It is important to understand this fact when you read the governor’s press release.  They are abandoning the contract requirements at the heart of the Pointe Vista Purchase Agreements.

These contracts provided one remedy for the state and the CLO.  That is, the “specific performance” of the terms of the contract within a reasonable time frame.  When the CLO abandons suit and announces they will void Pointe Vista’s contractual obligations, they did the opposite of what their attorneys claimed with their initial court filings.

They said they wanted to either 1) compel Pointe Vista to move forward, or, 2) “rescind” the 2008 land purchase agreements.  Their said taking back the fomer Texoma park land would provide a true remedy for the state.

Instead, the CLO dropped their lawsuit against Pointe Vista and gave them a settlement which they and their attorneys designed.

This deal would  rescind Pointe Vista’s contracts without any intent to take back more than fifty acres.  If approved, this sweetheart deal will leave Pointe Vista with over 708 acres of Lake Texoma State Park to do with as they please.

Governor Fallin’s Big Lie # 3 is probably the most important:

“This settlement provides a clean and realistic development plan for Lake Texoma and ensures local communities and the state of Oklahoma can benefit from this great natural resource,” said Fallin. “This is a victory for the Texoma community, which has been waiting for years for an agreement and a path forward.”

Fallin’s press release was shot out of a cannon after more than twenty months of delays.  But this is the official “kool aid” for the rest of the media and the public.  It is simultaneously repeated by The Governor, the CLO, Tourism, Pointe Vista and The Media.

First declaring “Lawsuit Settled” when it hasn’t been approved by the court.  Now they claim that the settlement provides a “realistic development plan.”  They just announced they are rescinding Pointe Vista’s contracts and releasing them from ALL DEVELOPMENT REQUIREMENTS!  There is no development plan!  This is PR bullshit being repeated.

This is the rhetorical kool-aid offered up for general consumption.  Of course this statement comes before the CLO / Pointe Vista settlement terms are listed. The first term is: the CLO buys will buy back fifty acres.

The second term: Pointe Vista is “released from development requirements in Area A – about 525 acres north of U.S. 70 and includes the Chickasaw Pointe Golf Course — and Area B.”  The CLO takes back the job of building the hotel, etc… included in Pointe Vista’s purchase agreements, but only fifty acres of the 758 acres which were part of the original land deals.

There is no “clean and realistic development plan for Lake Texoma.”

This is a Lie so bold and repeated so well in the media echo chamber.  It is the Pointe Vista/McAfee & Taft, Tourism and CLO “Kool Aid.”  If you will buy this Lie now, this will save them ever having to explain anything again.

This is the Big Lie intended to shut down all protest and dissent from a Really Bad Settlement.  And a bad legal precedent for the future.

Lake Texoma State Park is OUR Park.  Multiple state and federal laws are being trampled with the implementation of this settlement, IF IT IS APPROVED.

Our state representative and senator have already drunk the Pointe Vista / CLO Kool Aid.  They have accepted and repeated the Big Lie.  They will remain vigilant and monitor “the development” as it goes forward.  Even though they know there is no development if this settlement is approved!

Marshall County Commissioners have the right to intervene in CLO v Pointe Vista and stop this.  This is their moment to decide whether or not to “Drink the Pointe Vista Koolaid.”  Will they resolve to join the lawsuit and defend Lake Texoma State Park and our public park lands?  Will they decide to do the right thing for their constituents?

Or will they join in monitoring the “Pointe Vista Development” that never happened?

Stephen Willis, Kingston
“Restore Lake Texoma State Park.”

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