Seven Hills residents can use Rio golf course

Thursday, Nov. 11, 2004 | 9:42 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday ruled that homeowners in the Seven Hills community in Henderson have the right to use the adjoining golf course but they must pay the $300 per round charged by course owner Rio Development Inc.

The court denied the appeal of Rio Development that wanted to bar the homeowners from its Rio Secco Golf Club. The court also denied the appeal of the homeowners that they were entitled to attorney fees in the court case on grounds that they won.

Rio purchased the golf course and planned to allow only exclusive use. Homeowners filed a class action suit claiming they were entitled to the golf course because of the covenants, conditions and restrictions in force when they purchased their homesites.

The case was handled by District Judges Michael Douglas and Mark Gibbons, who are now both on the Nevada Supreme Court but did not take part in the ruling.

While the suit was pending, Rio temporary allowed the homeowners to use the golf course, charging $300 per round.

The District Court ruling upheld the right of the homeowners to use the course but they were subject to the conditions set down by Rio that set down the $300 fee.

The Supreme Court, in upholding the decision of the District Court, said the homeowners have a right to use the course, subject to the conditions set down by Rio.

Gary Thompson, a spokesman for Harrah's Entertainment, which owns the Rio, said the company will not comment on the ruling.

Also on Wednesday the court ruled that initiative petitions approved by the voters of Mesquite dealing with land sales and qualifications for elective office are invalid, saying the petitions conflict with state law.

Voters in 2002 approved one petition that required the city to conduct all public land sales by a public auction or a public sealed bid process.

The voters also approved a proposal that an elected or city employee must sign a notice of resignation from their posts if they intend to run for an elective city office. The resignation would be effective after the election even if the person did not win.

The court said the state law allows the City Council to sell or lease property for less than its appraised value to any person who maintains or intends to run a business that is eligible for a break from the sales and use tax.

The court also said that because state law gives elected officials a four-year term the initiative could not potentially limit that term by forcing a resignation.

Former District Judge Michael Douglas, now a member of the Supreme Court, handled the case in District Court and ruled both initiatives were invalid. But he said the property question could be corrected to change the wording to give the City Council its power back.

The Supreme Court said the proposal by Douglas was not practicable and reversed that part of the ruling.

In other action:

Health Plan of Nevada said it had numerous complaints about the performance of Rainbow Medical.

The disputes led to Rainbow Medical agreeing to assign its rights to two other companies to perform the service.

Armstrong, now 46, pleaded guilty to the fatal shooting of his estranged wife, Bonita Armstrong, 43, and her boyfriend, Andre Marcus, 30, on March 25, 2001.

He also shot and wounded two of his four children.

Armstrong appealed to the Supreme Court, arguing he should have been allowed to withdraw his guilty plea. The court said the record shows Armstrong voluntarily entered his plea in return for the state dropping its intention to seek the death penalty.