Businessman files suit against Maxfield

Monday, Oct. 18, 2004 | 9:37 a.m.

The owner of a local construction consulting firm has filed a federal lawsuit against Clark County Commission Chairman Chip Maxfield, alleging that Maxfield has a conflict of interest and is unfairly discriminating against the consulting firm.

Brent Lovett, owner of Matrix Construction Consulting, filed the suit Friday. The suit states that Lovett was hired to perform a forensic construction analysis in litigation involving Maxfield's firm, Southwest Engineering, placing the two at odds.

Lovett alleges that because of the previous litigation, Maxfield, in his role as a commissioner, obstructed Lovett's 2001 plan to rezone his property at Alexander Road and Buffalo Drive.

The suit states that Maxfield "deprived plaintiff of his property interest without the due process of law," and that he acted arbitrarily, capriciously and outside the parameters of his official duties.

The suit further contends that Maxfield and Clark County "maintained an illegal and unlawful policy and custom ... in that it required undisclosed monetary payoffs from potential developers prior to granting zoning changes."

Lovett asks a federal judge to issue an order preventing the defendants from violating his civil rights in further proceedings before the county and general and compensatory damages in excess of $10,000. He further asks for special damages to be determined and legal fees.

Clark County officials have said that although the zoning request was denied, Lovett continued to operate the site in northwest Las Vegas as a commercial operation, allowing more than a dozen different businesses to operate out of a building that, by law, should have been only for residential use.

The businesses generated complaints from nearby residents.

Within the last several weeks, a political opponent of Maxfield in the commission election has used the issue and lawsuit to back up his contention that Maxfield has used his position to coerce, intimidate and harass a local businessman "who refused to give him money."

Jerry Tao, the Democratic candidate for the seat and a deputy district attorney, said Thursday that the suit backs up a contention that Maxfield is the target of a "federal racketeering investigation."

The suit does not refer to any racketeering issues, and federal officials have said they are not conducting an investigation into Maxfield.

However, Lovett's attorney, Sergio Salzano, said Thursday that the suit could be expanded to include racketeering issues.

Maxfield has denied any wrongdoing in the issue and has pointed out that the commission's 4-0 decision to deny the zoning had the support of nearby residents, Las Vegas, the Lone Mountain Citizens Advisory Council, Clark County planning staff and the Clark County Planning Commission.

An attorney for Maxfield has threatened a defamation lawsuit against Tao for the Democrat's telephone campaign, which cites the Lovett issue and others.