Supreme Court dismisses lawsuit against sports park

Erin Neff

Wednesday, July 12, 2000 | 10:46 a.m.

The Nevada Supreme Court has ended a two-year legal fight by dismissing cases brought against the city of Las Vegas by a Summerlin couple opposed to a sports park in their neighborhood.

In an order handed down Friday, the court dismissed two appeals brought by Dr. Leon and Faye Steinberg.

The couple, represented by attorney Matthew Callister, had appealed two 1998 District Court cases ruling in favor of the city and the Las Vegas Sportspark Ltd.

"They thought that Sportspark, as it was built and as it was to be operated, was inconsistent with civic zoning," said William Henry, the city's senior litigation attorney.

In July 1997 the Las Vegas City Council approved a deal with Las Vegas Sportspark Ltd. to develop an ice rink and ballfields on an 18-acre site near Vegas Drive and Rampart Boulevard.

The city had a land patent from the Bureau of Land Management on the site and agreed to provide Sportspark Ltd. the land in exchange for the company's development of the recreation facility.

The Steinbergs argued that such a facility was not permitted in C-V, or civic, zoning. They also argued the city had entered into a "sweetheart" deal with SportsPark partner Don Schlessinger, a former Clark County commissioner.

Under terms of the 50-year agreement, Sportspark pays the city $277 an acre per year at the beginning of the lease and $1,111 at the end of the lease.

"Frankly we had dismissed this in our minds a long time ago, so (the court decision) was just tying up a loose end," Schlessinger said. "It was just a frivolous lawsuit trying to deny kids the right to skate and play softball."

In 1998 District Judge Jack Lehman denied the Steinbergs a temporary restraining order and injunction to prohibit construction of the park.

The couple then dropped their lawsuit but brought a second suit several weeks later. Then District Judge Nancy Becker denied their motion and granted the city's motion to dismiss the lawsuit.

The park opened in May 1999.

Henry said he considered the Supreme Court's July 7 ruling to be the end of the issue.

"Most significantly they settled the zoning issue," Henry said.

The court found: "As a matter of law, Sportspark is properly zoned in a C-V district."

Callister said Tuesday he could not comment on the case until he has a chance to read the court's decision and discuss it with his clients.

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