Editorial: When is a conflict not a conflict?

Tuesday, April 15, 2003 | 9:55 a.m.

When looking at the chronology of the issue behind it, there's a certain irony about the lawsuit filed last week against Clark County Commissioner Mark James. The suit, filed in District Court by developer Jim Rhodes, argues that James, as an attorney, counseled Rhodes about the purchase and development of the 2,400-acre gypsum mine overlooking the Red Rock Canyon National Conservation Area. Because of this, the suit seeks to stop James from introducing, advocating or voting on an ordinance that would limit residential development of the mine property to low density.

The recent history of the mine includes overwhelming public opposition to dense residential development out of concern that it would detract from Red Rock's natural beauty. James, who represents the area, took office in January. He started out neutral, saying that Rhodes had a right to be heard. His neutrality was viewed with skepticism by his constituents, especially when Rhodes announced March 26 that he had bought the mine for $50 million. But on March 29, James announced that he favors low density. The irony is that Rhodes, if what he says in his lawsuit is true, did not raise an issue about James before purchasing the land. He apparently valued James' advice enough to shell out $50 million. But now that James has publicly announced his support for low density, Rhodes sees a conflict so grave that he believes the court should intervene.

According to County Counsel Mary-Anne Miller, James did not give Rhodes legal advice because he was acting in the capacity of a candidate for the County Commission, and not as a private attorney, when he discussed the mine with Rhodes. If the court upholds the suit, however, Rhodes will face one less local opponent in striving to achieve his aim for high-density zoning. And the suit makes it abundantly clear that he wants high-density zoning. It also makes clear that a bill by Senate Minority Leader Dina Titus, D-Las Vegas, is urgently needed. Red Rock Canyon, visited by a million people a year, is too precious for porous local protection. Her bill would require low-density zoning around Red Rock Canyon and place responsibility for enforcing it where it belongs -- with the state.