Judge allows AeroTech suit to go forward

Tuesday, Aug. 27, 2002 | 11:14 a.m.

A federal lawsuit filed by model rocket company AeroTech against Clark County is moving toward trial after a ruling by U.S. District Court Judge Philip Pro on Monday.

Pro denied the Clark County Fire Department's motions to dismiss the suit, which alleges department officials violated AeroTech's Fourth Amendment rights to protection against unreasonable search and seizure.

The suit alleges that fire officials repeatedly searched AeroTech's facility on Palm Street near Boulder Highway after it was destroyed by a chemical fire in October, without getting the company's consent or obtaining a warrant.

In a written decision Pro stated, "AeroTech has asserted sufficient facts to show at least a subjective expectation of privacy in the South Palm facility at the time the warrantless searches in question occurred."

Walter Cannon, an attorney for the county, argued last week that a commercial tenant has no reasonable expectation of privacy in the ashes and debris lying in a gutted structure.

Pro did grant the county's motion to dismiss AeroTech's claim that the fire department was negligent in the manner the fire was extinguished. In the decision, Pro states that the county and the fire department are entitled to "discretionary function immunity under Nevada Revised Statutes."

The three-alarm fire started at the plant Oct. 15. The initial blaze was quickly extinguished, but a barrel of water-soaked magnesium at the plant later erupted, causing a fire that burned for more than 24 hours.

One worker at the plant died from injuries received in the first blaze. Estimated damage in both was $12 million.

Clark County, the fire department, Fire Chief Earl Greene and two fire investigators are all named as defendants in the lawsuit.

Titanium Metals Corp. was also named as a defendant, but Pro dismissed that portion of the claim. A Timet hazardous materials crew was called to the fire scene to consult with officials about how to best put out the magnesium-fueled fire.

The decision states that AeroTech does not yet possess facts about what advice the Timet crew provided to fire officials, or if that advice was followed.

Pro also dismissed AeroTech's claim that its 14th Amendment right of access to the courts was violated by the defendants' alleged disturbing, tampering and destroying of evidence seized from the facility.

A trial date has not been set.