Moncrief blocks land deal involving LV attorney

Tuesday, Aug. 19, 2003 | 10:55 a.m.

Las Vegas Councilwoman Janet Moncrief is fighting a city proposal to give a portion of a downtown alley to a high-profile lawyer who she says has received one too many sweetheart deals from City Hall already.

John Moran Jr. wants the land so that he can build a wall on it to shield his parking lot behind his Fourth Street law office. The land transfer is on the agenda for Wednesday's City Council meeting.

On July 16, the City Council had unanimously approved an encroachment agreement with Moran to allow him to build his wall on the city's portion of the alley at Garces Avenue and Fourth Street. But at Monday's Real Estate Committee meeting, Moncrief, a member of that two-person panel, said she would fight against turning the land over to Moran.

She said Moran had already benefited enough at the taxpayers' expense. Last year the city sold him the land for what is now his parking lot for $100,000 even though the land was worth more than three times that, Moncrief said. Moran -- a frequent visitor to City Hall as a representative of high-profile clients on planning, development and other matters -- says that was a fair deal for the city.

The city vacated the alley last year to build a proposed parking garage near Garces and Fourth. But that project has been canceled because city officials no longer believe it is the best use for the land. Moran's office is surrounded by city-owned land on the rest of the block that encompasses Garces, Third Street, Bonneville Avenue and Fourth Street.

Moran believed that, as part of the July 16 agreement, he would be awarded the deed to the city's half of the alley at 628 and 630 S. Fourth St. Based on that assumption, Moran agreed to remove the wall at his own expense if the city later needs the portion of the alley for a future project.

City Attorney Brad Jerbic said he resurrected the matter because the record from the July 16 meeting indeed reflected a confusion over whether Moran was to get the deed as a condition of agreeing to tear down the wall on the city's side if the city so requested.

As part of Monday's action, the committee of Moncrief and Councilman Lawrence Weekly approved a "no pass" recommendation on a quitclaim deed for the alley parcel to Moran and his wife, Marilyn Moran, owners of Moran & Associates.

Also at Monday's hearing, which Moran did not attend, Moncrief took issue with the council action of May 15, 2002, that allowed Moran to purchase for $100,000 city land behind his office -- land Moncrief said was worth $330,000.

The city gave Moran the deal with the stipulation that if he should ever want to sell it, he would have to first offer it to the city so the city could recover the $230,000 in equity. But at a later meeting -- also before Moncrief came to office -- that deal was changed, allowing Moran to sell it to anyone.

"I don't want to give city land away," Moncrief said during Monday's meeting, noting that Moran could still build his wall on the city's half of the alley -- he just should not be allowed to own the land.

City staff said the sliver of property of less than 200 square feet is worth between $3,500 to $4,000. Some have argued that the land is worthless to anyone but Moran.

"If I'm told (during Wednesday's meeting) that the (alley) land has no value, then I will ask for a list of other property in Ward 1 that supposedly has no value and we'll give it away to others," Moncrief said after the meeting.

Moran, reached at his office Monday afternoon, said he was disappointed with the committee's decision, noting that if he gets half the alley and someday has to give up the other half, it would crimp access to his business.

"I'd have no way to get out of my property on to Fourth Street," Moran said. "I am going to fight tooth and nail over this."

Without either the reapproval of the encroachment agreement or preferably the deed, Moran says he cannot build the wall on the city's side of the alley.

On the issue of the land Moran now uses for parking, he said he got the perceived price break for several reasons. One of them is that the city made Fourth Street a one-way artery, causing him to lose all of his parking on both sides of the street in front of his office. To make up for that lost parking, Moran was sold the land at a reduced value because he agreed to use it specifically for parking.

Also, Moran disputes the $330,000 property estimate, saying the city inflated the figure to beef up real estate values in the area. He believes that is the case because he previously owned the parcel, sold it to United Mortgage for $85,000 in 1980, which in turn sold it to Bank of America, which in turn sold it to the city. Moran bought the land for $15,000 more than what he sold it for 22 years earlier.

Moran said when city public works officials expressed concerns that they might need access through his property to work on whatever project the city decides to build on the adjacent land, he assured them, "of course I would give them access. I have always been a good, cooperative neighbor."

Moran said he also has long cooperated with the city by spending sizable amounts of money to refurbish his property to meet the city's redevelopment goals for beautifying downtown -- another factor that he said should be given weight in his argument.

"Councilwoman Moncrief lacks the knowledge of the full history over this issue," Moran said.

Moran was a supporter of Michael McDonald, the former councilman whom Moncrief defeated, and McDonald had backed Moran's land requests.

On these types of matters, the rest of the council usually follows the lead of the council member in whose ward the land is located.