Steve Marcus Considering that 2002, developers have actually tried to persuade Clark County to change the zoning on an old gypsum mine site about 5 miles from the Red Rock Canyon National Conservation Area, in the interest of developing a higher-density domestic project there.
A not-for-profit group received the OK to progress with its claim versus Clark County created to squash plans to develop thousands of house outside of Red Rock Canyon National Conservation Area.
District Judge Jerry Wiese on Thursday rejected Clark County’s movement to dismiss the claim, in which the not-for-profit Save Red Rock alleges the county broke open meeting laws throughout a February conference related to the proposed 5,000-home advancement.
The suit likewise questions the validity of a concept strategy approved by Clark County commissioners in 2011. Conserve Red Rock believes the plan expired. Clark County and Plaster Resources, which owns the land and is working with builder Jim Rhodes on the proposed residential neighborhood, believe the strategy did not end and enables them to progress with their advancement plans.
Wiese heard arguments from both sides at a hearing on Aug. 17. Instead of rule from the bench that day, he selected a written choice, which he issued Thursday.
Attorneys for the county argued then that Save Red Rock did not file its open conferences law infraction claims within the statute of limitations set by the state. It likewise argued that the suit was irrelevant since physical advancement of the neighborhood is still reliant on a number of elements, including approval from the BLM to gain access to adjacent land it owns and ecological effect statements.
“We are losing time and taxpayer cash,” argued county lawyer Rob Warhola, “when it could all be for naught because the BLM denies their application.”
Wiese eventually disagreed, composing in the order: “Although the Court acknowledges that there are a number of contingencies which need to be fulfilled prior to houses can really be developed … the County and Plaster admittedly are pressing forward with the processing of (the 2011 plan) in the effort to establish the home which Save Red Rock is trying to safeguard. This Court must conclude that the credibility of the 2011 Specific Strategy and (Public Facilities Needs Evaluation) are at concern, and form the basis of a justiciable controversy between the celebrations.”
Clark County did not have immediate discuss the choice.
Save Red Rock was pleased with the outcome.
“We think it was a thoughtful decision,” says Save Red Rock lawyer Justin Jones, who is likewise running for a seat on the county commission. “We are extremely delighted with exactly what was a total success.”
The case now moves into the discovery stage, which Jones estimates may last 4 to 6 months.