Judge to rule on casino decision

Kim Smith

Tuesday, Nov. 14, 2000 | 11:06 a.m.

District Judge Ron Parraguirre is expected to decide within the next three weeks if the state's Gaming Policy Committee's decision to stop the development of a Spring Valley casino was constitutional.

Earlier this year the Clark County Commission voted 3-1 to approve a zoning change so that a neighborhood casino could be built in the Spring Valley neighborhood in southwest Las Vegas. However, the Gaming Policy Committee reversed the commission's decision.

On Monday, attorney Stan Hunterton, who represents one of the casino's developers, asked Parraguirre to reverse the committee's decision.

Deputy Attorney General Keith Kizer said the developers argued that a separation of powers issue exists between the committee, which is part of the executive branch and the county's zoning committee, which is part of the legislative branch.

However, Kizer said he believes that because gaming is important to the state as a whole, the issue is of statewide concern. While local authorities should be involved, the state as well must be involved in the process.

Kizer said the developers also believe that since the statute used by the gaming committee in making its decision applies only to counties with populations of 400,000 or above and Clark County is the only one that has such a high population, the statute is unconstitutional.

It won't be too long, however, before Washoe County exceeds that population, and no one knows what the future holds for Nevada's other counties, Kizer said.

Lastly, Kizer said the developers believe that Station Casinos, which would compete with the new casino, is behind a citizens group that rallied against the new resort, which would be built near Flamingo Road and Grand Canyon Drive.

But many letters were written from people on both sides of the issue, Kizer said. Petitions were also signed from people with opposing viewpoints.

"I believe they spoke from their hearts," Kizer said. "The people who spoke against the casino are no more puppets of Station Casinos than those people who spoke in favor of it are puppets of anyone else."

Kizer also pointed out that three of the Clark County commissioners abstained from the vote that decided the issue.

"Four out of seven people on the commission did not vote in favor of the casino," Kizer said.

One of the three people who voted in favor of the casino, Commissioner Lance Malone, was beaten in the primary election, Kizer pointed out. Many of his constituents were upset because he had originally said he would vote against it.

The state Gaming Control Board in August filed a six-count complaint against Station Casinos seeking to fine casino executive Mark Brown because he was reportedly behind an anonymous flier that ridiculed Malone for his flip-flop.

Brown has since resigned, and Station Casinos paid a $475,000 fine in September.