Casino flier defendants win legal fight over venue

Grace Leong

Monday, Aug. 6, 2001 | 11:20 a.m.

Station Casinos Inc., a former Station executive and a political consultant, sued by the state in Carson City for allegedly financing and distributing an illegal anonymous campaign flier, have won court approval to transfer the lawsuit to Clark County District Court.

Attorney General Frankie Sue Del Papa sought $5,000 in fines on Sep. 26, 2000, in a lawsuit against Station Casinos, Mark Brown, its former vice president, and Tom Skancke, a political consultant and his firm. The state said the defendants ignored Nevada campaign laws that bar the distribution of campaign materials without identifying who is behind it.

The flier was designed to damage the reputation of Clark County Commissioner Lance Malone, after Malone changed his mind and voted to support a casino project in the Spring Valley area that Station opposed.

The defendants, on April 13, asked to transfer the lawsuit to Clark County District Court because "nearly all the parties, attorneys and witnesses are in Clark County and the events giving rise to (the state's) claims occurred in Clark County," which they said is the county "with the most significant interest in the resolution of this politically charged issue."

But the state opposed the defendants' request, saying Nevada's election law states Carson City is the legislatively chosen forum for such lawsuits.

"Also the convenience of the parties and witnesses doesn't weigh in favor of a change of venue because a trial will probably never occur in this case, and if it does, parties and witnesses in Carson City would be inconvenienced by a change of venue," the state said in court papers filed May 7.

But Clark County District Judge Michael Griffin denied on July 31 the state's arguments. "While this case may be lawfully brought in the First Judicial District Court (in Carson City,) (Nevada law) indicates that the Court may, on motion, change the place of trial ... when the convenience of the witnesses and the ends of justice would be promoted by the change," he wrote.