Supreme Court refuses to remove question from Boulder City ballot

Monday, May 16, 2005 | 9:38 a.m.

CARSON CITY -- The Nevada Supreme Court has refused to remove a question from the Boulder City election ballot that would permit the city to sell land around the controversial Boulder Creek Golf Course for a 90-home subdivision.

The court Friday rejected the petition of Sherman Rattner, who filed suit against Secretary of State Dean Heller, Clark County Voter Registrar Larry Lomax and Boulder City officials.

The court, in a unanimous opinion, said Rattner "fails to cogently articulate any basis for this court's extraordinary intervention at this late date."

"There has been no demonstration that any part of the ballot question will mislead voters into voting contrary to their wishes," said the decision.

The court quoted from a decision of the Colorado Supreme Court that a ballot initiative need not "address every conceivable hypothetical effect the initiative may have if adopted by the electorate." But the court, in a footnote to the decision, said it's ruling does not prevent Rattner from bringing a post-election challenge if the ballot question is approved by the voters on June 7.

Rattner is a co-chairman of a group called the Coalition to Save the Future of Boulder City.

The city had plans to sell 46.5 acres to a developer to help pay the $22 million cost of building the golf course that loses money and has been a major issue in past municipal elections.

Rattner has complained that development is threatening to overrun the city and he sought to eliminate the question from the ballot.

In another ruling, the court said former Ely Mayor George Chachas must face Mayor Robert Miller in a runoff election June 7. Chachas won the primary election last month and maintained he was elected mayor.