County loses zoning decision

Monday, Jan. 26, 1998 | 10:37 a.m.

CARSON CITY -- The Nevada Supreme Court has ordered the Clark County Commission to grant the rezoning request of the Doumani family to build 80 townhouses in the southeastern part of the Las Vegas Valley.

The court Thursday upheld the decision of District Judge Joseph Pavlikowski, who had overturned the ruling of the Clark County Commission.

Fred M. Doumani Sr., Cindy Doumani, Fred M. Doumani Jr., and Ronald Doumani, purchased 9.3 acres in 1985 at Sandhill Road and Happy Lane, in what was described as being in a "rustic" setting.

The Doumani family applied in 1993 for a zone change to build 20 four-plex townhouses on the property. The County Commission received 15 letters and a petition containing 106 signatures opposing the project on grounds it would ruin the rural atmosphere. There was a petition containing 93 signatures of nearby residents who favored the development.

The commission voted to deny the rezoning request after Commissioner Bruce Woodbury said the project would be incompatible with the surrounding neighborhood and that single-family residences would be the only appropriate use for the property.

At the time, there were apartment complexes to the north and east of the property. In the other areas, there were single-family homes.

The court, in its unanimous decision, said the project was in compliance with the master plan adopted by the County Commission in 1991. It noted the support and opposition were about equal and that apartment complexes had been built in the area.

In another decision, the court upheld District Judge Don Chairez who issued a summary judgment in favor of Nevada Highway Patrol Trooper Daniel Reyna who was sued for false arrest by Annette Ortega.

Reyna had stopped Ortega for making an illegal turn in Clark County in 1992. Ortega refused to sign the citation so Reyna arrested her.

The court, in a 3-2 decision, said Reyna had probable cause to arrest Ortega and that he was immune from a lawsuit in this case. It said Reyna was obligated to take Ortega into custody if she refused to sign the traffic citation.

Chief Justice Charles Springer and Justice Bob Rose dissented saying Ortega was never issued a citation, did not refuse to sign it and she never saw a citation. They said the husband of Ortega was in the car and he backed up the statement of his wife that a citation was never issued.

Springer and Rose said this case should go to trial because there are genuine issues to be decided.