Editorial: Courts trump coaster

Wednesday, Sept. 8, 2004 | 9:01 a.m.

It's heartening to see that an elected board can act in the best interests of its constituents without always being overturned by a court. In June 2002 the Las Vegas City Council unanimously rejected a proposal by the Stratosphere to build a roller coaster. The ride would have raced across Las Vegas Boulevard and up a 510-foot steel tower -- right near residents who had made long-term commitments to improving their homes and the appearance and ambiance of their whole neighborhood. Arguing that the ride met "all six conditions of a site development plan review required by Title 19a of Las Vegas Zoning Code," the Stratosphere filed a lawsuit in District Court. In November 2002 District Judge Valorie Vega ruled for the neighbors and the City Council. Her decision was appealed to the Nevada Supreme Court, which this week upheld it.

The Stratosphere may have been right about the proposal's technical compliance with code. But a public board must take more than that into consideration. In this case, the affected neighbors presented a united front against the project. They earnestly spoke about how all of their work and investments would be endangered if people moved out, or potential new buyers were turned off, because of a loud, unsightly roller coaster. Mayor Oscar Goodman saw the need to support them. "My vision ... is to have a revitalized downtown. And I am convinced that in order to do that, one of the most important elements is to have people move back into a neighborhood that is maturing and decaying and to revitalize that neighborhood," he said.

Code books are important, but so are people and visions for creating a better community. We're glad the courts recognized that.