Judge dismisses allegation against LV councilman

Diana Sahagun

Thursday, Oct. 25, 2001 | 9:54 a.m.

District Court Judge Sally Loehrer has dismissed a malfeasance allegation against Las Vegas Councilman Michael Mack that could have resulted in his removal from office.

Loehrer ruled Wednesday that Mack's actions of denying a car dealership in the northwest without disclosing his financial relationship with a rival car dealer did not rise to the level of malfeasance.

"Mack's actions as alleged herein, while they may be characterized as incredibly unethical, go more to a lapse or even a void in judgment. They simply do not rise to the level of malfeasance..." she wrote.

Loehrer, though, refused to dismiss other portions of the lawsuit, which ask for monetary damages because of Mack's earlier promise to support the dealership.

Mack led the vote in June to deny the dealership, proposed by John Staluppi Jr, saying it was incompatible with the intent of Town Center. Days after the vote Mack revealed that he had an outstanding $60,000 loan from rival car dealer Joseph Scala.

According to Loehrer's decision, the lawsuit -- filed by Staluppi -- does not allege that Mack accepted money from Scala on the eve of the vote, to cause him to change his position and vote against Staluppi's dealership. Had this been the allegation, then the matter would surely fall within the realm of malfeasance, Loehrer wrote.

Lohrer wrote that the remaining portion of the lawsuit stands because Mack did not disclose until after the vote that he had an outstanding $60,000 loan.

Mack also faces an ethics complaint before the Las Vegas Ethics Review Board on allegations that he tried to broker a deal between Staluppi and Scala.