Thursday, May 08, 2003
Copyright © Las Vegas Review-Journal

RED ROCK CONTROVERSY: James seeks dismissal of Rhodes' lawsuit

Commissioner trying to restrict development near canyon

Clark County Commissioner Mark James fired back at developer Jim Rhodes in their battle over the commissioner's proposal to restrict development on Rhodes' 2,400 acres next to scenic Red Rock Canyon.

Rhodes last month asked District Judge Kathy Hardcastle to prohibit James from introducing an ordinance that would limit construction on his land to one home on every two acres.

Hardcastle denied the request, but kept the lawsuit active after saying that Rhodes couldn't be harmed by a county ordinance that at that time hadn't been introduced.

With the case still pending, James filed a motion to dismiss the lawsuit on several grounds, his attorney Colby Williams said.

The case should be discarded because sidelining James doesn't stop Rhodes from being harmed by James' ordinance, and because the court is prohibited from interfering with the activities of the County Commission, according to the motion.

Also, the lawsuit inappropriately attempts to silence an elected official in violation of state laws that prevent such court maneuvers, Williams said.

He cited the state's anti-SLAPP law, which is intended to thwart actions that are commonly referred to as Strategic Lawsuits Against Public Participation. Such lawsuits typically are filed to silence people who oppose a person or corporation on a matter of public concern.

"The relief sought in the (Rhodes) complaint is to prevent Commissioner James from participating in, advocating for or voting on the Red Rock ordinance," Williams said.

Rhodes' attorney Steve Morris declined to comment on James' motion because he had not seen it as of Wednesday, he said.

Rhodes' lawsuit and a sworn affidavit alleged James, an attorney, has a conflict of interest because he once represented Rhodes and advised the developer on the acquisition and development of the land near Red Rock Canyon National Conservation Area.

The lawsuit says James also gave Rhodes advice on how to navigate county zoning regulations and how Rhodes might persuade the County Commission to grant the zoning variances needed to develop the property.

The lawsuit alleges James was prohibited legally from bringing before the commission a proposal that would lock in rural zoning standards and prevent Rhodes from building thousands of homes near the popular canyon.

However, James in his own affidavit filed in the court case, states Rhodes promised James generous campaign contributions if he supported Rhodes' development plans.

James' affidavit also states that former Commissioner Erin Kenny used strong-arm tactics in lobbying James on behalf of Rhodes, her longtime political supporter and now client.

James' zoning ordinance was introduced as scheduled April 16 and is scheduled to be considered and possibly voted on by the commission May 21.

After Rhodes failed in court last month, Morris said he planned to file a revised lawsuit before May 21 but he hadn't done so by Wednesday. A court hearing on James' motion to dismiss is scheduled for June 4, Williams said.