James seeks to have land case dismissed

Thursday, May 8, 2003 | 11:10 a.m.

Attorneys for Clark County Commissioner Mark James have filed motions asking that the case brought against him by developer Jim Rhodes be dismissed.

"We're seeking dismissal of what we view to be a frivolous and ill-conceived suit, which seeks to prevent Commissioner James from performing his duties as an elected government official," James' lawyer, Don Campbell, said this morning. "Other than that, I would like to leave it to the courts."

A hearing has been set for 9 a.m. June 4 before District Judge Jackie Glass.

The motion asks Glass to dismiss a lawsuit Rhodes filed April 10 seeking 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.

Rhodes has applied to build a master-planned community on 2,400 acres at the James Hardie Gypsum Mine, which is within the area that would be restricted.

Rhodes alleged that James, an attorney, has a conflict of interest because he once represented Rhodes and advised him on the acquisition and development of 2,400 acres near scenic Red Rock Canyon.

In the motion to dismiss James' attorneys argue that Rhodes' lawsuit is an attempt to intimidate James and violates the state's laws that prohibit strategic lawsuits against public participation, or SLAPP.

"Real estate developers frequently use SLAPP lawsuits to stifle criticism," the motion says, adding that legal safeguards are ineffective in such cases because "the offenders consider any damage award or sanction merely the cost of doing business."

The motion also argues that Rhodes has not suffered any injury because his desire to develop the property does not constitute a "legitimate claim of entitlement."

"A property owner does not obtain a vested right in zoning until it obtains zoning approval, obtains a building permit pursuant to the zoning approval and relies on the building permit to its detriment," the motion notes.

James' motion also states that the suit infringes on the activities of the County Commission, which the court is not allowed to do.

Rhodes' attorneys could not be reached for comment this morning.

On Tuesday the County Commission backed a plan to buy back the 2,400 acres placing the land back under public control. James voted for the resolution.