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November 12, 2009

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Southwest LV’s ‘quality of life’ battle may be far from over

Thursday, April 13, 2000 | 10:41 a.m.

Just last month Spring Valley residents celebrated a state panel's decision to quash a casino project in their southwest neighborhood. Homeowners learned this week their battle may be far from over.

Boyd Gaming Corp. is arguing that the Gaming Policy Committee was not legally assembled and therefore did not have the authority to overturn the Clark County Commission's January vote to approve the Spring Valley casino.

Attorneys representing the Spring Valley homeowners had anticipated the appeal after the state panel ruled 5-0 that the casino would adversely affect their neighborhood.

The panel's ruling fell under the "quality of life" provision of Senate Bill 208, which was adopted to prevent casinos from being built in neighborhoods.

After the March 17 hearing, attorney Garry Hayes said if Boyd Gaming appealed the decision in District Court, it would have to prove that the state panel acted in an "arbitrary and capricious manner."

Boyd representatives hope to have a ruling on their appeal within six months.

The Clark County Commission's decision to approve the casino despite numerous letters of protests infuriated residents. But taking the brunt of the controversial decision has been Commissioner Lance Malone.

After assuring Station Casino representatives that he would vote against the casino, Malone changed his mind during the meeting and became the vote that pushed the project through.

Malone and his attorney Don Campbell have said since the vote that Station Casinos has not only mailed an anonymous flier telling Malone's constituents the commissioner cannot be trusted, but executives also have threatened Malone.

A federal grand jury has convened to look into the matter.

Passkey Systems, the mass-mailing company that sent out the fliers, was required to turn its records over to the grand jury by Wednesday. The records were submitted on Monday.

Sources close to the grand jury investigation said the proceedings will be lengthy. The Clark County Commission's decision to approve the casino despite numerous letters of protests infuriated residents.

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