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November 26, 2009

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Supreme Court criticizes Vegas over Big Game casino case

Friday, Oct. 1, 1999 | 11:40 a.m.

But the high court agreed with Senior Clark County District Judge Carl Christensen that the city should get another chance to present its side of the case, which has dragged on for several years.

Big Game Club owned a 53-acre shopping center at Charleston and Decatur boulevards, in which it operated a tavern with 35 slot machines. It sought to build a hotel-casino with more than 200 rooms, saying it was grandfathered in under a 1989 Las Vegas ordinance.

The city denied Big Game's request in 1994, and a lawsuit followed. In the meantime, the state Legislature changed the law to prohibit a hotel-casino on the site, and the Big Game Club lost the 53-acre parcel to foreclosure.

Big Game Club may not be able to build a hotel-casino on the site, but could seek damages if it wins in court.

The legal battle began in 1994 with a ruling by District Judge Stephen Huffaker in favor of the gambling company. Big Game Club then applied for a special-use permit but was turned down.

Huffaker then disqualified himself and Senior District Judge Jim Brennan took over, only to step aside later because of a possible conflict.

The case was assigned to Christensen, who granted a motion by the city for a new trial in 1996. The Big Game Club then appealed to the state Supreme Court.

The high court in its ruling this week agreed the city was entitled to another hearing. But it said the record "reflects that the city did not devote sufficient attention to this case in the first instance."

"In the future, the city would do well to prepare adequately for trial, even if it believes the position of the opposing party to be without merit," the court said.

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