City May Rescind Car Wash Moratorium After Lawsuit Filed
The Mission city council is set to vote on Tuesday whether to repeal an ordinance that banned the development of new car washes for six months, after a lawsuit was filed in federal court. The council will also consider amending a separate ordinance approved in January that requires new car washes to be at least one mile apart. The proposed amendment will now require a two-mile radius, if approved next week.
The lawsuit filed on April 17 against the city of Mission and mayor Norie Gonzalez Garza in connection with the recent car wash moratorium, alleged “unlawful, retaliatory, and targeted interference,” with the sale of property located on the northeast corner of Bryan Road and Griffin Parkway. Mission attorney Rick Salinas and his limited liability company, Medusa, accuse the city of approving a car wash moratorium that would essentially cancel the sale of his property to Cross Development Acquisition, LLC, (Cross) which operates BlueWave car washes.
Salinas alleged that the city is blocking him from selling the land to Cross with the car wash ban that was approved by the city council about one month ago. The vote was unanimous, but Salinas singled out Garza and alleged she is interfering with the property sale because he is running against her for the mayor’s seat. The election is on November 2.
“When this occurred, she knew according to the January map that my area was free to do whatever we wanted to do,” Salinas said. “It was in compliance with the requirements at that time, and the city planning director gave us a green light. In my opinion you can come to only one conclusion. She spear-headed this: I can either take it and get kicked around by the mayor, or I can stand up to her.”
“The message she is sending to businesses in general is a horrible message, no one would want to do business with Mission, if this is allowed to happen,” Salinas added.
When reached by phone on April 22, Garza said she has not seen the lawsuit yet.
“I’ve been advised by counsel not to comment,” Garza said. “I’ll be receptive to make a statement after I’ve reviewed the complaint.”
When asked about the agenda item to consider pulling back the new car wash ban next week, the mayor told the Progress Times that responsible water management is at the heart of the city’s actions.
“Every action we take is guided by that responsibility, particularly given the challenges across Texas related to water supply and long-term sustainability, which requires cities like ours to be thoughtful and proactive,” Garza said. “After further legal review we are taking the appropriate steps to potentially repeal the moratorium to ensure full compliance with current state law and we are relying on the guidance of our legal counsel to make sure that every action the city takes moving forward aligns with those legal requirements.”
Salinas said the city needs to allow the BlueWave car wash to proceed, as provided by chapter 245 of the Texas Local Government Code, which addresses vested rights law, giving property owners the right to build projects based on the rules in place at the time the initial permit application is filed.
“As long as they repeal the ordinance and don’t try to make the two-mile radius requirement retroactive, then I will nonsuit,” Salinas said. “There is no need for the taxpayers of Mission to pay for legal fees if she stops playing political games and corrects the error. If they try to enforce the two-mile radius on the property, then I will amend the petition. There is a vested right that protects this sale.”
Salinas also told the Progress Times that he is operating with an internal deadline of August for the car wash battle to be resolved and for BlueWave to get what it needs for its project.
“The time to do this is now, because I’m not going to be dealing with BlueWave in November if and when I get elected,” Salinas said. “I will never give the impression that I just got elected and I’m now doing business with the city for myself. And I will not extend this August deadline, that’s too close to the election.
“The city has never allowed me to develop a commercial business of my own on this land, they will not widen that intersection, and I have an opportunity to sell it for $1,920,000,” Salinas said. “But my affinity for the people of Mission is greater than that. If we can’t follow the law and do the right thing and get BlueWave permitted, then the sale will have to wait. If I was not running, this would not have happened to me, this is simply political retribution.”
Salinas’s corner property is zoned C-3, which means it can be used for high-traffic commercial development. The lawsuit claims Cross worked closely with city staff on the proposed car wash. A January 30th email from Mission’s director of planning, Xavier Cervantes, AICP, CPM, to Christian Gutierrez at Southern Commercial Real Estate Group which represents BlueWave, confirmed the property zoning and its eligibility for a car wash development. The email is included as an exhibit in the lawsuit.
The legal complaint lists the recent timeline of city events that Salinas claimed shows retaliatory behavior by the mayor: On February 23, Medusa enters into a sale contract on the corner property with Cross; on or about March 23, Cross submitted an application to the city to develop a car wash on the property; and on March 24, the city approved a 6-month moratorium on new car washes.
On March 27, the Progress Times published a story which indicated the city may have wrongfully adopted the car wash ban, as it violated a new state law that went into effect on September 1, 2025. The new law provides a specific schedule for cities to consider any moratorium that restricts development, including two public hearings at least 30 days apart, and advance notice of the proposed ban by at least 30 days. It appeared the city may have failed to comply with that schedule when it approved the ban with a one-time agenda appearance.
“My personal feelings about more car washes are no different than the average person,” Salinas said. “This is about property rights. Anyone in my shoes would say, ‘these people are out to get me.’”
It’s not clear if the car wash saga is completely over, as the city will continue to study water conservation, according to the mayor.
“When issues are identified, we address them promptly and transparently and we take corrective action when necessary to ensure that we are always operating in the best interest of the public and within the framework of the law,” Garza said. “We will continue exploring lawful, effective ways to protect our water resources and support the long-term needs of our residents because water planning is not a short term issue.”
“It is something that requires ongoing attention, collaboration, and compliance with evolving state regulations,” Garza added.
Salinas said the problem is larger than himself and his corner lot.
“They can’t randomly change things around,” Salinas said. “The city can pass any ordinance they like, as long as everyone has a fair shot, and retroactive requirements are not imposed. The deal with BlueWave is grandfathered and she’s got to respect the rules in place when the application was filed.”
