Friday, June 28, 2002 | 10:58 a.m.
Attorneys for the Stratosphere Gaming Corp. filed a lawsuit Thursday against Mayor Oscar Goodman and Las Vegas City Council members over their decision earlier this month to deny the hotel's plans for a roller coaster.
Attorney John Moran Jr. said in the lawsuit that the city council's June 5 decision was "arbitrary and capricious."
Moran further states that Goodman's vote was "based on perception and not upon the law." He was referring to Goodman's stance that many of those living near the Stratosphere were opposed to the thrill ride.
At least 80 percent of the audience members at that meeting were in favor of the roller coaster, the lawsuit says.
The City Council denied the site development plan review application "despite substantial evidence on the record, the impressive and overwhelming neighborhood support and supplemental studies conducted and introduced by the plaintiffs" that showed the roller coaster's developers had satisfied Zoning Title 19A, the lawsuit states.
According to the lawsuit, under Title 19A, developers needed only to show that the roller coaster was compatible with adjacent developments, consistent with the city's general plan and didn't negatively impact adjacent roadways.
The lawsuit pointed out that the city's planning and development department staff approved the site development plan in April and the Planning Commission voted 2-2 during its meeting in May.
The proposed 700-foot thrill ride would have dropped riders down the tower, across Las Vegas Boulevard, and up a steel tower fronting Paradise Road.
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