OKLAHOMA CITY — The Oklahoma City developer tasked with building a new $750 million tourist destination on Lake Texoma has moved to counter sue the Commissioners of the Land Office over lack of progress on the project.

OKLAHOMA CITY — The Oklahoma City developer tasked with building a new $750 million tourist destination on Lake Texoma has moved to counter sue the Commissioners of the Land Office over lack of progress on the project.


In court documents filed this week in Oklahoma County District Court, Oklahoma City-based Pointe Vista Development LLC claims that the CLO has breached its contract to the developer and that the company is entitled to recover damages from the state.


Pointe Vista claims delays in developing a four-star hotel on land that was once part of Lake Texoma State Park have been caused by the state’s inaction and lack of communication with the developer.


The developer, backed by Chaparral Energy CEO Mark Fischer, son Scott Fisher and American Energy Partners LP founder Aubrey McClendon, has said it has already spent more than $40 million on the Pointe Vista project, mostly on acquiring land and a marina at Texoma.


The Land Office moved to sue Pointe Vista in January, claiming the developer had failed to meet key performance deadlines in starting construction on the hotel, the first piece of a massive lakeside real estate development that would include housing, shops and restaurants and a water park.


The developer signed a deal with the Commissioners of the Land Office in 2006 to purchase 758 acres of park land at Lake Texoma for $14.6 million. A second agreement for Pointe Vista to purchase another 1,022 acres of land from the Oklahoma Department of Tourism and Recreation known as Area C has been held up since 2008 because an environmental study required by the U.S. Army Corps of Engineers to transfer some of the land has never been completed. The state and Pointe Vista have disagreed in the past over who should pay for the study.


Last month, the Oklahoma Tourism Commission voted to spend up to $50,000 to hire an outside law firm to represent the agency on the Pointe Vista matter to "pursue all legal remedies."


Ponte Vista claims in its counter suit that the state has held up progress on the Texoma development.


"In ignoring its obligations on the second contract involving the purchase of land known as Area C, the State of Oklahoma has stymied development because the purchase of the additional land was the agreed upon trigger for development activity," Pointe Vista said in a statement. "…The litigation is detrimental to the prospects of this development moving forward and the willingness of other investors to participate."


In its lawsuit, The CLO claims that Pointe Vista had "completely failed" to develop the former state park land.


In response to Pointe Vista’s counter suit, Land Office Secretary Harry Birdwell would only say that the state would continue to hold its ground.


"We have stated our case," Birdwell said in a statement. "We believe we have an obligation to enforce the contract and will continue to do so."


Pointe Vista has also asked this week for much of the state’s lawsuit to be dismissed.


While the state has asked a judge to consider reversing Pointe Vista’s 2006 land purchase and giving the land back to the state, Pointe Vista argues that the state only has the right to ask a judge for a court order requiring the developer to move ahead with building the hotel, known as "specific performance."


"We believe the language is clear in the agreement, firmly indicating the state has no valid basis to pursue remedies other than specific performance," Pointe Vista said in a statement. "As a result, we believe the court should dismiss those requested remedies, which would enable us to move forward with the development sooner rather than later."


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