Venetian sues restaurant over expansion plans

Grace Leong

Monday, Nov. 5, 2001 | 9:41 a.m.

The Venetian megaresort on the Las Vegas Strip sued Clark County and the Venetian's tiny neighbor, the Rosewood Grille restaurant, in hopes of blocking Rosewood's planned expansion.

The Venetian claims the Clark County Zoning Board "acted arbitrarily, capriciously and in violation of standards imposed by Nevada law" in October when it granted Rosewood Grille's request to add a 60,970-square-foot, nine-story shopping center.

The Venetian, as "an abutting business and property owner," claims it is "aggrieved"' by Clark County's decision because Rosewood Grille's owners allegedly failed to prove they have required hardships to receive variances that would allow the expansion of their property.

The Venetian didn't specify how the expansion would hurt its business. The defendants could not be reached for comment on the Venetian's allegations.

Rosewood Grille owner Alan LeWinter, who owns the 45-year-old restaurant with his brother, Kevin, also wants to build a parking garage and relocate the restaurant, famous for lobster, to the top floor of the planned expansion. He also received permission to add a leg to his new building from the existing pedestrian bridge linking the Venetian to the Mirage and Treasure Island resorts across the Strip.

Though county zoning laws don't allow a building to take up more than 80 percent of a property, the board made an exception for the Rosewood Grille -- giving it 87 percent -- because of its small and unusually shaped parcel.

The LeWinters, who have fought the Venetian for more than four years, were dealt a blow when the Clark County Commission in 1999 approved the Venetian's request to build a pedestrian bridge mid-block rather than at an intersection and denied Rosewood Grille's original expansion plan.

Rosewood Grille owners had requested to build a 28-story time-share project out of frustration over the Commission's decision to approve the bridge.

They say the bridge not only obstructs the Rosewood Grille's sign but is also intended to divert pedestrians away from the restaurant -- since fewer people use the sidewalk near the intersection of the Strip and Spring Mountain Road -- so that the Venetian can buy out the property.