Ruling doesn’t settle DI Estates battle

Erica D. Johnson

Wednesday, Nov. 26, 2003 | 10:58 a.m.

A District Court judge's ruling on Tuesday left unresolved much of the debate between homeowners at Desert Inn Estates and casino mogul Steve Wynn regarding golf course views.

A ruling by District Judge Mark Denton will bring no immediate changes to the country club community or its neighboring golf course.

Homeowners had claimed their property rights were violated when Wynn's company, Valvino Lamore, blocked roads and built dirt hills blocking views of the neighboring golf course.

Denton ruled that the homeowners had no express right to views of the golf course. He also said, however, that Wynn's company could not seal the residents off from the golf course.

He said the property owners were entitled to the aura of a golf course community, but the ruling did not instruct the current structure of the course to be changed.

Jim Pisanelli, who represented Valvino Lamore in the suit, said the ruling left the door open for more legal proceedings.

"We're disappointed because we wanted closure to this frivolous litigation," he said. "But we'll continue to fight the battle to show the design of the course is in accord with our property rights."

But John Netzorg, who represented the homeowners in the suit, said the residents viewed the decision as a victory. He said the ruling proved the residents had a right to the golf course views.

"The court has vindicated the homeowners," he said. "The homeowners are ecstatic. They got their homes back."

Other areas of Denton's ruling were more concrete. Denton said the homeowners were not entitled to walk on the golf course, as homeowners had maintained.

The judge also ruled in favor of Valvino Lamore in another area, saying two roads within the interior of the golf course were not public.

Denton's decision marked the culmination of three years of suits and countersuits that followed Wynn's purchase of the Desert Inn and its golf course in April 2000.

Wynn had bought out portions of the community and golf course to make way for his new megaresort, Wynn Las Vegas, which is scheduled to open in 2005.

Homeowner Stephanie Swain brought the suit on behalf of the 10 residents who refused to sell to Wynn when he bought the property.

In his ruling, Denton called the issue surrounding the golf course views "the most difficult" issue before him.

The homeowners had argued that the view of the golf course initially drew them to the community. Attorneys for Valvino Lamore said the residents had no reason to believe that they had an implied right to the views.

Denton said while homeowners' deeds did not contain specific language about views, the homes were sold as part of a golf course community.

As a result, Denton said, the residents have the right to require that adjacent structures, such as berms, not entirely seal them off from the golf course.

"It is reasonably to be expected, however, that they would not be shut out from the aura of being part of the golf course development," the ruling states.

Netzorg said the battle between Valvino Lamore and the residents would continue at a County Commission meeting next week.

The residents will be contesting Valvino Lamore's plans to construct an office building in a residential portion of the community, he said.

"The situation just continues," he said. "It's part of a pattern to torment these homeowners."

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