Mission Mayor Norie Gonzalez Garza is trying to avoid being forced to testify in a lawsuit accusing the Mission Economic Development Corp. of letting a leaking roof wreck a tenant's business at Cimarron Country Club. A state district judge heard arguments on the mayor's attempt to dodge a deposition during an 18-minute hearing Tuesday, October 20, and said he would rule on the matter by Friday, October 23.
The case centers on Uncommonly LLC, which is seeking more than $1 million in damages from MEDC over claims of breach of contract, fraud and violations of the Deceptive Trade Practices Act, according to Progress Times. Uncommonly alleges MEDC failed to repair a leaking roof at the leased Cimarron property, a claim the organization disputes. As myrgv.com has reported, Uncommonly says the leakage significantly interrupted business operations, created unsafe work conditions, and damaged property within the leased premises, while MEDC maintains Uncommonly was nine months delinquent on rent and has filed its own suit to stay in the space. The lease reportedly designated the landlord as the party responsible for roof repairs, per the same outlet.
Judge Weighs Apex Protection Claim
At Friday's hearing before Judge Joe Ramirez of the 464th District Court, MEDC legal counsel Erick Holguin argued that the mayor is entitled to so-called apex protection — a legal doctrine shielding high-ranking officials from depositions unless they have unique or superior knowledge of a case. Holguin requested a protective order preventing Gonzalez Garza's deposition while three other MEDC-linked depositions move forward, and argued the plaintiffs should pursue a less intrusive method of gathering information before trial, according to the report in Progress Times.
Uncommonly's attorneys, Gerardo Acevedo Jr. and Simran Singh, pushed back. Acevedo said emails indicate the mayor wanted updates about the eviction and was uniquely involved in the matter, according to the same report. He offered to limit any questioning of the mayor strictly to what she personally did, said, or witnessed, and proposed capping the deposition at two hours, adding that it could occur on any day and time that worked for her schedule.
Emails Show Mayor Tracking Eviction Closely
The emails at the center of the dispute were part of a batch of 166 pages submitted by Mark Hanna in August, which were not included in documents MEDC had handed over earlier that month, per Progress Times's earlier coverage. Those communications reportedly included exchanges involving Gonzalez Garza, MEDC CEO Teclo Garcia and city attorney Eden Ramirez. Separately, Gonzalez Garza is described in the emails as having asked Hanna whether he had completed the lockout, and asking whether the eviction petition would be filed that day. She also wrote that she agreed with city attorney Eden Ramirez's recommendations, the outlet reported.
Gonzalez Garza is the sole member of the Mission City Council who also serves as a voting member of the MEDC board of directors, a dual role that Progress Times has noted in its coverage of the case. The mayor reportedly said in a 2025 interview that the city would not invest money in the Cimarron property.
Other Depositions Already in Motion
While the mayor's testimony remains unresolved, other depositions tied to the case are moving ahead on set timelines. Belén Aguirre, identified as MEDC's former chief operating officer, has a deposition scheduled for completion on November 4. MEDC interim CEO Joe Salazar has a deposition scheduled within the next 30 days, and MEDC board president Richard Hernandez is set to testify on November 12.
Judge Ramirez indicated that if he denies the motion to quash and grants the deposition request for the mayor, questioning would be limited in scope, according to Progress Times. Friday's hearing itself underscored how contentious the scheduling has become — it was originally set for 9 a.m. but didn't begin until roughly 5:45 p.m., and MEDC was represented in the room by attorneys Erick Holguin, Rick Perez and M. Mario Garcia.
Case Heads Toward a February Trial
The lawsuit is currently scheduled for trial in February 2027, giving both sides several more months to resolve outstanding discovery fights before the case reaches a jury. The dispute has already expanded well beyond the original roof-damage allegations, with Uncommonly previously reserving the right to conduct digital forensics of MEDC computers, servers and cellphones through a certified information-technology firm, according to Progress Times's reporting in August.
The litigation has unfolded against the backdrop of Mission's broader plans for the Cimarron property. In June, the city announced the sale of the historic Cimarron Country Club to a private ownership group led by professional golfer and Mission native Abraham Ancer for $2.5 million, even as myrgv.com reported the Uncommonly lawsuit remained pending. For now, the immediate question is narrower: whether Mission's mayor will have to answer questions under oath about what she knew, and when, as the case barrels toward trial.
