A Dallas County judge has dismissed a real estate firm’s lawsuit against Rodeo Dallas, dropping a temporary injunction that closed the bar for months, even though the business has already relocated.
Lawyers for Asana Partners, a North Carolina-based investment firm, filed motions in both the state appeals court and a Dallas County district court on Dec. 18 to drop the cases. The district court granted the firm’s request Dec. 22 to dismiss its claims “without prejudice,” meaning the real estate firm could refile the case in the future, court records show. The appeals court has given Rodeo Dallas until Jan. 5 to respond.
Asana Partners sued Rodeo Dallas in August, securing a temporary injunction that closed the bar over allegations it posed a public safety threat to customers, Deep Ellum residents and the broader community. The firm’s attorneys offered no explanation for the dismissal in district court filings other than saying the “plaintiff no longer desires to prosecute its suit against defendant.”
“Because no live controversy remains, the court should dismiss this appeal as moot,” according to the motion to dismiss filed in the 12th Court of Appeals in Tyler.
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Rodeo Dallas, which opened a new location in Uptown in November, argued in legal filings that the closure caused a “permanent shutdown of a previously thriving business.” Rodeo Uptown filed for a Dallas certificate of occupancy in late October to operate at 2922 N. Hall Street, and it was granted by Dallas officials, according to online city records.
The bar’s attorneys, along with representatives for Asana Partners, Rodeo’s Deep Ellum landlord Westdale Properties, and owner J.D. Ybanez, did not respond to requests for comment.
Asana Partners is also asking the district court to release a $2.25 million cash bond it posted to secure the injunction, which Rodeo Dallas is opposing. The bar’s attorneys argue the closure caused serious financial harm, including lost profits, damage to its reputation, and the potential termination of its lease with its landlord.
“Stated simply, the injunction caused the total and permanent shutdown of a previously thriving business,” Rodeo’s attorneys wrote in a Dec. 19 filing. “Rodeo has been damaged by the injunction.”
Rodeo Dallas indicated in the same document that it plans to appeal if the court releases the bond before resolving its claim. The bar’s attorneys argue the injunction was improperly granted and Asana Partners’ dismissal is an attempt to avoid an unfavorable ruling from the appeals court.
Asana Partners originally sued the bar in August, arguing the bar’s operations, including allegations of overserving alcohol, failing to screen for guns and other weapons and contributing to violence in the area, created a public nuisance that harmed its properties and tenants. A district judge ruled the bar should be shut down indefinitely on Sept. 9.
Rodeo Dallas then appealed the ruling to the Fifth Court of Appeals in Dallas in September and filed an emergency motion to reopen the bar pending the higher court’s review of the injunction challenge. The Dallas-based appeals court denied the emergency motion to reopen in October. The case was transferred to the 12th Court of Appeals that same month, records show.
In its emergency motion to the appeals court, Rodeo Dallas argued that the injunction was too broad and crime in Deep Ellum predated the bar’s 2023 opening. They also noted the bar’s lease with Westdale Properties could be terminated if Rodeo couldn’t operate for more than 90 consecutive days or 120 total days in a year.
Rodeo Dallas previously stated it was working with the city to make changes, such as improving security and staff training.