Where there's smoke, there's ire

Otto's former owners hire Rusty Hardin and file suit against prominent realestate broker

The sale of Otto’s, the favorite barbecue joint of President George H.W. Bush, has spawned a lawsuit that’s a little more controversial than a plate of smoky brisket and ribs.

The former owners of Otto’s, Marcus Sofka and his wife, June Sofka, have filed suit against their former real estate agent, David L. Cook of Cushman & Wakefield. And they have hired one of Houston’s most high-powered attorneys, Rusty Hardin.

Sofkas sold the Otto’s property, located on Memorial Drive, just east of Memorial Park over a year ago for $2.2 million. The couple maintains in the suit that it missed out on a chance to sell the property for over $6 million many months earlier because the broker failed to let them know about a would-be purchaser’s offer to buy it.

Closing Otto’s and selling the restaurant was intended as a way for the Sofkas to fund their retirement after having labored over the barbecue pit since 1951.

President Bush began coming to Otto’s in 1959 and his love for the place was well-chronicled over the years. His standard order was beef ribs, sausage links, brisket, a side of beans and pecan pie. The elder Bush was there the day Otto’s closed in January 2010, telling KHOU-TV: “They put on a good barbecue. I’ll miss them. Our family will miss them."

In August of 2007, the Sofkas decided to close the restaurant and listed the property — a little more than an acre — for sale with Cook.

Cook is no rookie Realtor. A former president the Houston Association of Realtors, he has been a leader in the real estate industry and was named chairman of the Texas Real Estate Commission in 1988. His list of awards is long: NAIOP Industrial Broker of the Year, the Real Estate Professional of the Year and many others.

After listing the property, the lawsuit says Cook informed the Sofkas that Houston apartment magnate Marvy Finger was preparing to make an offer to buy the Otto’s site. But Finger never made an offer in writing, only talked about it, the lawsuit says.

In the meantime, another local developer, Ponderosa Land Development Co., submitted a written offer to buy the land for $105 per square foot — or about $6 million. But Cook did not let the Sofkas know about the Ponderosa offer, as is required by law, the lawsuit maintains.

Then the real estate market went into a rapid descent as the nation’s economy crashed. Finger withdrew his interest and the Otto's property went unsold for over a year.

The buyers then hired a new broker, Moody Rambin Interests, and the site was eventually sold for $38 per square foot to Ponderosa, which had returned with a much lower offer than it did before the economic downturn.

Cook could not be reached for comment Wednesday. Cushman & Wakefield spokesman Dwayne Doherty said: “We have not seen the allegations and would reserve comment until we’ve had a chance to review it.”

Cook’s failure to present Ponderosa’s first offer was a violation of the Texas Occupational Code and damaging to the Sofkas, the lawsuit says.

Ponderosa is now constructing a retail center anchored by a Chase bank on the property, said James Chang, head of Ponderosa. The bank will open this summer, Chang said.

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HAUTE PROPERTIES

675-acre Hill Country ranch where George Strait rehearsed lists for $19.5M

Photo by Michelle Watson CultureMapSnap

George Strait developed his early sound at Lone Woman Ranch.

Lone Woman Ranch, the Hill Country estate where country stars like George Strait, George Jones, and Ace in the Hole Band rehearsed, is up for sale for $19.5 million.

Located 65 miles from San Antonio in Hays County on 675 acres, the secluded ranch once served as an artistic getaway for emerging Texas artists. The property, listed by Olmos Park firm Republic Ranches. is named after the nearby Lone Woman Mountain, and its elevation gives an incredible view of the county. On a clear day, you can see downtown Austin.

The land comes with two residences, both built near the entrance gate. The primary stone house has original hardwood floors, a recently remodeled kitchen and bathrooms, as well as a new HVAC system. The secondary residence was used as a rehearsal space. Both have had long-term residents who made improvements, and both have their own septic systems, wells, and electric meters.

The real appeal of Lone Woman Ranch, however, is the extensive woods, creeks, and natural setting. It is next to 6,000 acres of conservation land, including Storm Ranch. The entire mountain is also included in the property, making it a veritable mini-kingdom for the owner with unobstructed privacy on three sides.

Two ponds are on the site — a 4-acre and a 1-acre — both fully stocked. Runoff from the larger pond creates picturesque seasonal limestone waterfalls.The surrounding woods are full of wildlife, including white-tailed deer, turkeys, doves, and more. The property is under wildlife exemption.

It's little wonder the ranch was a muse to so many country musicians. A network of ranch roads provides access throughout the property, including most of the way up Lone Woman, giving views around every corner. Only Strait can tell you whether his 1996 hit "King of the Mountain" was inspired by the ranch.

Photo by Michelle Watson CultureMapSnap

George Strait developed his early sound at Lone Woman Ranch.

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