A restraining order is blocking Mission from selling the Cimarron, but its effect on a closing remains unclear

A temporary restraining order (TRO) a judge signed last Tuesday, which prevents the sale of Cimarron Country Club, may not actually hamper the Mission Economic Development Corporation’s long-term plans to sell the golf course. 

The order, signed by Judge Joe Ramirez of the 464th state District Court, prevents the Mission EDC from selling Cimarron or taking action designed to advance the sale, such as sending due diligence materials, negotiating sale terms, changing or executing letters of intent, or providing access to potential purchasers.

Ramirez signed the order after one of Cimarron’s tenants petitioned for it in a $1 million lawsuit related to damages caused by roof leaks at their rental.

Mission EDC attorney Eugene Vaughan said Friday that he was aware of the lawsuit but said that the EDC had not yet been served with it.

Vaughan anticipated working toward dissolving the TRO and was sceptical that it would have much impact on someone actually buying the property.

“But at this point, it doesn’t really affect the sale because we’re still in the feasibility period. And I’m assuming that it’s gonna close, but we’re a ways from that happening anyway,” he said.

Vaughan said a closing date is likely still a couple months away.

“I mean, lawsuits are always a problem, but I’m hopeful that that part will be resolved before we get to any kind of closing date or anything,” he said.

Selling Cimarron has been the goal of the city of Mission and the EDC since they bought it earlier this year.

The two entities paid $5 million for the country club, splitting the price.

Cimarron had fallen into disrepair, and the city was worried about it continuing to deteriorate. The plan was to sell the property to a buyer who would fix it up and start a public improvement district that would facilitate those improvements.

The city and EDC have looked for a buyer for most of the year, but still haven’t finalized a sale.

When the EDC acquired Cimmaron, it also acquired an 8,475-square-foot office and warehouse space that was being rented to Uncommonly LLC.

Uncommonly had entered into a five-year lease with the previous Cimarron owner, Black Diamond Developers, to rent that space, using much of it to store food service consumables and equipment, court documents said.

In the lawsuit the business filed early this month, Uncommonly said it met with its new landlords — staff from the Mission EDC — in March and told them the rental’s roof had been leaking.

“This leakage significantly interrupted business operations, created unsafe work conditions, and damaged property within the leased premises,” the suit said.

Uncommonly alleges EDC staff said they would schedule repairs.

The EDC never repaired the roof and later said they had never had any intention of investing more money into Cimarron, said the suit, which alleges that leaks after rainstorms this year destroyed property and forced a hasty relocation for Uncommonly.

The business claims it is entitled to over $1 million in damages.

Uncommonly also petitioned the court for the TRO preventing the sale of Cimarron. 

A hearing on that order is scheduled for Dec. 23.