A Dallas judge dismissed the lawsuit that forced Rodeo Dallas in Deep Ellum to close its doors earlier this year and relocate.
Court records show North Carolina-based real estate investment firm Asana Partners filed a motion to drop its lawsuit against Rodeo Dallas Dec. 18, stating the firm no longer wanted to pursue the suit. Asana Partners also moved to dismiss its appeal in Tyler's 12th Court of Appeals as moot.
Dallas County District Judge Veretta Frazier granted the firm's request in an order Dec. 22 and dismissed the claims without prejudice, meaning they could be refiled later.
Asana Partners also wants back the $2.25 million cash bond it put down to secure the temporary injunction and restraining order. Rodeo Dallas objected, arguing in a court filing the nonsuit effectively dissolves the injunction and the money should go to covering the bar's losses from closing for months.
Attorneys for Rodeo Dallas and Asana Partners did not immediately respond to requests for comment.
Asana Partners requested a temporary restraining order and injunction against Rodeo Dallas in August. The petition called the nightclub a nuisance to the neighborhood, citing "well-publicized dangerous and unlawful conduct."
The petition came a month after one person was killed and others injured in July 4 shooting at the club.
Frazier granted the temporary restraining order that closed the bar, days after the club briefly shuttered its doors due to alleged leasing violations.
During a hearing in the case, Asana's attorneys argued the club over-served patrons, allowed minors on the property, violated noise ordinances and failed to check for guns and weapons. Attorneys for Rodeo Dallas allege the real estate firm simply doesn't like the bar and the crowd it attracts. The owner of Rodeo Dallas said the bar's clientele represents Deep Ellum's diversity, and the bar planned to put security measures in place.
Frazier then issued a temporary injunction that would keep the bar closed while she weighed the merits of the case. Rodeo Dallas appealed the decision and lost its bid for an emergency motion to lift the injunction.
The bar reopened with city approval at a location in Uptown in November.
The allegations against Rodeo are part of broader concerns about safety in Deep Ellum. The neighborhood saw a spike in crime this summer, leading the city and DPD to close streets at 10 p.m. on weekends.
That prompted backlash from some business owners and workers in the neighborhood who said the curfew was hurting commerce and wasn't a long-term solution.
Toluwani Osibamowo is KERA’s law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
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