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High court overturns two Loehrer cases

Wednesday, May 5, 2004 | 10:24 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court on Tuesday said that two rulings by District Judge Sally Loehrer of Clark County were wrong. One of the cases involved a procedural issue and the other was a rezoning case.

In a unanimous decision the state's highest court said Loehrer should not have ordered bail money to be given to a victim for compensation.

The case involved Patrick O'Kelly, who was arrested for theft in Clark County. Gina Martinez of South Daytona, Fla., posted $6,000 bail for O'Kelly. O'Kelly was sentenced to one year in the Clark County Detention Center and Loehrer ordered $5,038 of the $6,000 bail forfeited to the victim.

The court also overturned a Loehrer ruling in a zoning case. Loehrer had ruled the Clark County Commission had abused its discretion in approving a zoning change to allow developer Max Maserang to build a large commercial shopping center near Logandale.

Loehrer reversed the County Commission because Maserang had failed to provide wastewater, traffic and neighborhood impact reports and because the commission had failed to give deference to its approved master plan, she said.

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