Mack cleared of most serious allegation

Diana Sahagun

Thursday, Oct. 25, 2001 | 10:53 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 in June 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 the remaining portions of a lawsuit that ask for monetary damages because of Mack's alleged earlier promise to support the dealership proposed by John Staluppi Jr.

Mack led the vote in June to deny the Nissan dealership along Rancho Road, 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. Mack asked for the item to be reconsidered so he could abstain from the vote, but the application was denied a second time.

Staluppi sued Mack and alleged he voted to deny his dealership -- after initially saying he supported it -- because of leverage by 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.

Loehrer 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 and had not accurately noted the loan on his financial disclosure form.

Attorney Bruce Judd, who along with attorney Richard Wright represents Mack, said the ruling was good news for his client, although he would have liked to have seen the entire suit dismissed.

"I was hoping to persuade her to dismiss the whole thing, but I guess I was only half successful," Judd said.

Attorney Anthony Sgro, who represents Staluppi, could not be reached for comment this morning.

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. The board -- if it does determine that Mack violated ethics laws -- has the option of forwarding the matter to a District Court judge under the same malfeasance statute.