A lawsuit against the former chief executive officer of the Greater Las Vegas Association of Realtors has been dismissed without prejudice in Clark County District Court, attorneys for the defendant said Tuesday.
The lawsuit claimed that Irene Vogel had received a $40,000 bonus that was inappropriately approved by the association’s executive committee prior to her retirement last year.
Court documents said the plaintiffs did not plead their allegations against Vogel and the association with particularity and did not make a valid demand to the board prior to initiating the lawsuit.
Vogel said she feels vindicated by the decision, but didn’t want to be “enthusiastic” because the complaint was dismissed without prejudice, which means it could be brought back to the court.
Josh Aicklen, attorney for Vogel, declined to comment on the judge’s order.
Realtors Kevin Child, Honey Borla and Jacqueline Porter filed the lawsuit in June, requesting that the court order the association to open its audit and employment contracts for inspection. The complaint seeks class-action status on behalf of the association’s current and past members, dating back 10 years. Plaintiffs are also seeking damages in excess of $10,000.
Calls to plaintiffs attorney Callister & Associates were not returned.
Porter said bonuses were given to Vogel in the past but were never authorized by the board of directors. The executive committee can only review and make recommendations for the CEO’s contract and bonus pay, but cannot ratify or sign the contract, she said.
“If you go back to 2008, they’re the only ones that saw the contract. When we questioned that, we became known as troublemakers,” Porter told the Review-Journal.
District Court Judge Jerry Wiese heard oral arguments in the case in September and denied a motion to dismiss the lawsuit.
GLVAR president Dave Tina said he remains confident the matter will be resolved in favor of the association.
“I’m pleased to report that the court found numerous defects legally fatal to the plaintiffs’ amended complaint and recently granted GLVAR’s motion to dismiss the unwarranted lawsuit against our association,” Tina said in a statement.
Contact reporter Hubble Smith at firstname.lastname@example.org or 702-383-0491.