Thursday, April 17, 2003 | 11:08 a.m.
A day after a judge refused to block Clark County Commissioner Mark James' participation in the debate, James introduced an ordinance that would limit development near Red Rock Canyon.
James, whom developer Jim Rhodes unsuccessfully sued to block his introduction of the restrictions, quoted Seneca, the Roman scribe who had warned of the environmental destruction of Rome.
James also quoted his own father, who years ago warned of the environmental destruction of Lake Tahoe, before introducing the proposal that would limit commercial and high-density development near Red Rock.
"Today we have an opportunity to act first to protect an area that we all love," James said. "Will the mountains continue to give peace and tranquility to those who seek it?
"My fellow commissioners, these questions are left for us to decide."
Rhodes last month bought 2,400 acres of land now used for gypsum mining that is surrounded on three sides by the Red Rock Canyon National Conservation Area. He has made no secret of his desire to develop his $54 million purchase. The idea of high-density residential and commercial construction, however, has sparked deep opposition from Clark County residents.
Activists are backing both the county ordinance, scheduled for a full hearing May 21, and a bill in Carson City from Sen. Dina Titus, D-Las Vegas, that would freeze the current rural zoning in place. Titus' bill would allow only one home per two acres.
Rhodes and his representatives, including former Clark County Commissioner Erin Kenny, are vigorously fighting both proposals. Rhodes has a long history of victories in disputes with the County Commission in his extensive developments in the southwest Las Vegas Valley, including in the master-planned community Rhodes Ranch.
But James, a former ally and recipient of thousands of dollars in campaign financing from Rhodes, on Tuesday successfully fended off Rhodes' court petition that sought to block the commissioner from introducing the ordinance. Steve Morris, Rhodes' attorney, argued that James gave Rhodes advice on how to defeat those opposed to development on his newly acquired property.
James, who has been Rhodes' attorney in the past and last year worked for Kummer, Kaempfer, Bonner and Renshaw, a law firm hired by Rhodes, said he spoke to Rhodes as a candidate and soon-to-be office holder, not as a lawyer. James also said he promised to hear all sides before making up his mind as county commissioner.
James said in an affadavit responding to Rhodes' suit that Rhodes, Kenny and others associated with the developer have lobbied him aggressively, including lobbing political threats at the commissioner.
Lynn Purdue, Rhodes' spokeswoman, declined to comment on the details of the lawsuit.
Morris, Rhodes' attorney, said James' "inflammatory" affadvit did not correspond to recounting of the conversations from any of the principals on his side of the issue.
"It is an effort, and an elaborate one, to divert attention" from the facts of the case, Morris said.
He said the team is looking at the introduction of the ordinance and will decide how to proceed with the lawsuit "in the very near future." Rhodes' attorneys also have suggested that Commissioners Chip Maxfield, Rory Reid and Bruce Woodbury, whose land-use and law firms also take work from Rhodes, would have to bow out from supporting the ordinance.
All three, joined by Commissioner Yvonne Atkinson Gates, who has no apparent conflict, supported the introduction.
County counsel Rob Warhola told the commissioners that the proposal is a law applicable to anyone with land in the proposed Red Rock Overlay District, which includes the conservation area and adjacent areas including the village of Blue Diamond, the mining area and other private properties.
Because the proposal is a general county law and not a zoning decision or other county action directed at a particular individual, no conflict exists for the commissioners, Warhola said. His position has been consistent with the district attorney's arguments, but Rhodes has promised to challenge that interpretation of the law.
Reid acknowledged that the discussion over what the commissioners can do is not over.
"I don't know if I can vote, but I'd just like to say that this is important," Reid said.
Most of the commission, including Mary Kincaid-Chauncey, James and Maxfield, urged county staff to work with the federal Bureau of Land Management to find a way to swap land or buy the property to prevent development at the gypsum mine.
The argument is not new. However, BLM officials and environmentalists, including state BLM director Robert Abbey, have said former owner James Hardie Gypsum rejected offers of a conservation easement that would have indefinitely allowed gypsum mining to continue, but would have prevented intensive development of the property.
BLM officials have also said they are not interested in purchasing the entire mine, which is largely denuded of vegetation, but would like to protect the ecologically unique Blue Diamond cholla, a desert cactus found only on the hill, and the views of Red Rock Canyon and the Las Vegas Valley.
"If our long-term goal is to preserve this land long term, we should look at some method of acquiring this property, either at the federal government or the local government," Kincaid-Chauncey said. "Any commission could change the ordinance at any time. The solution is to buy the property, then we could do what we wanted with the property."
Lisa Mayo-De Riso, a community activist who opposes development of the Blue Diamond Hill, said the discussion "raises some suspicion" that Rhodes would like the county or federal government to return his $54 million investment.
"I would have some real concerns with the county or federal government coming in and paying what is now perceived as a new fair market value," she said.
Atkinson Gates also scoffed at the idea of the cash-strapped county paying Rhodes for the land.
"I am very opposed to Clark County going out and spending money on this land," she said. "We are headed in the wrong direction. How did we get in the position of talking about buying land a developer has purchased?"
But the entire board apparently supports the concept of the federal government stepping in. Maxfield said that sale of federal land in Clark County has provided a $500 million nest egg to acquire environmentally sensitive land that could be used for the purchase.
Jo Simpson, BLM spokeswoman, said the agency would not be interested in a flat purchase of the land. A conservation easement, she noted, would probably be valued at far less than a straight purchase of the property.
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