Court rules for Pappas

Friday, Sept. 12, 1997 | 10:58 a.m.

CARSON CITY -- The Nevada Supreme Court has handed the Pappas family a procedural victory in its battle over the condemnation of its property in downtown Las Vegas for the Fremont Street Experience.

The court ruled there are still counterclaims by the Pappas family pending in District Court in Las Vegas and that it is premature to consider an appeal on another issue.

Glade Hall, attorney for Carol, John and Harry Pappas, said this ruling clears the way for a trial in Las Vegas to determine whether damages are owed the family by the Las Vegas Downtown Redevelopment Agency, the Fremont Street Experience Limited Liability Co., and the Fremont Street Experience Parking Corp.

The family had two parcels totaling 7,000 square feet on Las Vegas Boulevard and Carson Street, which they rented to small businesses. When the Fremont Street Experience was born to redevelop the downtown, it initially offered the Pappas family $340,000.

Extensive litigation ensued. But the property was taken over by the redevelopment groups and a garage was built on it.

District Judge Don Chairez issued a ruling in July 1996 that the agencies didn't have the power of eminent domain. And he sharply criticized the groups, saying they were guilty of mistakes and missteps. In dismissing the condemnation suit, Chairez said, "This court cannot and will not sanction the disregard of the constitutional guaranteed rights of the citizens of Nevada."

The redevelopment agency and the Fremont groups appealed Chairez' ruling to the Supreme Court. But the court, in its decision Thursday, said it had no authority to consider the appeal until the counter claims are disposed of in the court of Chairez.

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