Stratosphere loses court bid

Erica D. Johnson

Thursday, Nov. 21, 2002 | 11:28 a.m.

A District Court judge Wednesday ruled that the city of Las Vegas does not have to allow the Stratosphere to build a 510-foot thrill ride that would race across Las Vegas Boulevard.

District Judge Valorie Vega denied the Stratosphere's petition, which asked the court to force the city to let it build the ride that was opposed by residents of surrounding neighborhoods.

Attorneys representing the Stratosphere had to show there was not substantial evidence for the city's initial decision.

John Moran, the Stratosphere's attorney, said he is considering taking the case to the Supreme Court. He said he plans to meet with his clients later this week.

"I am disappointed in the court's decision," he said. "I don't believe it was well grounded in law or in the facts of the case."

The Stratosphere is located in a tourist commercial zone, which permits the ride, and the ride is in full compliance with city codes, Moran said.

He said the hotel already has two rides and that other strip hotels have similar attractions.

But land use decisions are made by the City Council and the County Commission, William Henry, the city's senior litigation council, said.

"According to the Nevada Supreme Court those decisions are not to be disturbed by the court unless the City Council and County Commission abuse their discretion," he said. "There was no abuse of discretion here."

A Las Vegas municipal code mandates the criteria for site plan development, Henry said.

Among the code's requirements are that the site be compatible with the neighborhood, consistent with zoning plans and aesthetically pleasing, he said.