Judge becomes center of attention in family’s action against city

Bill Gang

Tuesday, Feb. 2, 1999 | 10:48 a.m.

The district judge hearing a lawsuit over the property where the Fremont Street Experience garage now sits has been asked to step down from the case because he took campaign contributions from downtown casinos that benefit from the garage.

The Pappas family, which has been battling the Las Vegas Downtown Redevelopment Agency for five years over the property seized through eminent domain, asked District Judge Mark Denton Monday to step down or be removed from the case after his revelation last week that he has taken campaign contributions from downtown casinos.

Denton could decide today whether to recuse himself or file an answer and let another judge decide if there is a conflict serious enough to remove him.

The original judge in the case, Stephen Huffaker, recused himself after it was revealed he owned stock in one of the downtown casinos.

Campaign contributions, under Nevada law, generally are not considered a great enough conflict to require a judge to step aside.

But Harry Pappas disagrees.

"They're giving money to this judge, and then they're asking to get our property. That's a conflict of interest," he said.

At issue is the Pappas property on the northwest corner of Las Vegas Boulevard and Carson Avenue, where the city's red parking garage sits. The city plans to give the structure to the Fremont Street Co., composed of the owners of several downtown casinos.

The previous judge in the case, former District Judge Don Chairez, ruled that the city had unlawfully seized the property, tore down Pappas' building and constructed the garage where it sat.

While the city and the redevelopment agency say they want to appeal that decision to the Nevada Supreme Court, the Pappas family says there are legal matters -- such as compensation due them -- to be decided first.

Attorney Grant Gerber has complained the family has gone five years without the income from their commercial property and 67-year-old Carol Pappas has struggled during that time.

It would be up to Denton to determine if an appeal to the high court is appropriate at this time or whether he should go ahead with a June 2 trial to decide compensation.

Denton took $3,800 in contributions from four downtown gaming companies or properties -- El Cortez, Mirage Resorts, the Boyd Group and the Golden Gate Casino -- for his 1998 election campaign.

Two of the proposed witnesses at a trial, according to the court records, are Jackie Gaughan, owner of the El Cortez, and Steve Wynn, chairman of Mirage Resorts, which owns the Golden Nugget hotel-casino downtown.