Most claims dismissed in Sullivan Square lawsuit
Most of the claims in a lawsuit over the proposed Sullivan Square mixed-use development in the southwestern Las Vegas Valley have been dismissed, including the claim for breach of fiduciary duty, attorneys for defendant Harcourt Nevada said.
The only claim that survived dismissal is for an "account stated," a written statement from a person who believes money is owed to him, Ryan Lower of law firm Morris Pickering & Peterson said Friday.
In dismissing Sullivan Square's breach of contract and fiduciary duty claims, the court also found that neither fraud nor conspiracy had been alleged against the defendants, Lower said.
The court is awaiting proof from Las Vegas-based Glen Smith & Glen Development, former manager of Sullivan Square, before considering whether to dismiss the final claim. Harcourt Nevada unequivocally denies that it agreed to an account stated that it then did not pay, Lower said.
Sullivan Square Harcourt LLC, through Glen Smith & Glen, in May sued Harcourt Developments, a private company from Dublin, Ireland, that had agreed to finance Sullivan Square for up to $800 million.
Harcourt and its principal, Patrick Doherty, engaged in a "scheme" to use GSG to get Sullivan Square out of the ground and then took control of the project in what amounts to "economic bullying," plaintiffs attorney John Manly said.
Manly said Tuesday that he will file an amended complaint for the same causes of action, but with a different entity.
"The court said the proper party is the GSG entity that's part of the (limited liability corporation), not the LLC itself," Manly said. "It's a legal distinction. This case is alive and well. This is one more example of Harcourt and its lawyers trying to dupe the public."
The 16-acre development on Durango Drive is planned for 1,300 residential units and 45,000 square feet of retail and office buildings. Excavation blasting began last year and construction of the $150 million first phase was scheduled to begin earlier this year.
The case was heard in Nevada District Court.
Contact reporter Hubble Smith at hsmith@reviewjournal.com or 702-383-0491.
