Rhodes suit is dismissed

Erica D. Johnson

Thursday, June 5, 2003 | 11:12 a.m.

A civil lawsuit filed by developer Jim Rhodes against County Commissioner Mark James was dismissed on Wednesday, after both sides settled the case in an undisclosed agreement.

Bill Marion, a spokesman for Jim Rhodes, confirmed this morning that the lawsuit against James was resolved to the satisfaction of both parties.

He said a confidentiality agreement bars both parties from disclosing the details of the settlement.

The lawsuit sought to prevent James from acting on an ordinance that would limit development on about 47,500 acres around the Red Rock Canyon National Conservation Area.

A hearing scheduled before District Judge Jackie Glass on the issue was canceled Wednesday, after the sides agreed to settle.

James had little to say on the issue when he spoke to the Sun late Wednesday, citing the confidentiality agreement.

"It's been resolved," he said. "That's really all I'm allowed to say. It's been resolved to the mutual satisfaction of the parties."

James had hired his own attorney, Steve Morris, to represent him, and the county was not a part of the settlement nor was it helping with attorneys' fees, County Counsel Mary Miller said this morning. That allowed him to enter into the confidential agreement.

She said she did not think the settlement presented a conflict of interest because James would have to disclose any agreement that affected future votes.

"Regardless of any agreement they struck, Commissioner James would still be bound by ethics laws," she said. "By a secret agreement you couldn't make the ethics law inapplicable."

Morris was not available for comment this morning.

In a series of documents filed last week, both parties filed motions to dismiss the suit.

District Judge Kathy Hardcastle in April denied a temporary injunction against James, which would have blocked James from introducing, discussing or voting on the Red Rock Overlay Ordinance.

The ordinance would set development standards for private property in the conservation area and on Blue Diamond Hill and would prevent high-density construction near the scenic canyon, which is a few miles outside Las Vegas.

Rhodes alleged that James, an attorney, had a conflict of interest because he once represented Rhodes and advised him on the acquisition and development of 2,400 acres near the canyon.

James denied that he ever advised Rhodes on development at Red Rock Canyon.

Sun reporter

Launce Rake contributed to this story.