Rhodes sues to overturn law on density

Thursday, Sept. 15, 2005 | 11:22 a.m.

Developer Jim Rhodes sued Wednesday to overturn a state law that would ban high-density zoning in an privately held enclave surrounded on three sides by the Red Rock Canyon National Conservation Area.

Senate Minority Leader Dina Titus, D-Las Vegas, who drafted the law that froze existing zoning on the 2,400 acres on the top of Blue Diamond Hill, said she learned of the suit Wednesday from the legal counsel to the Legislature.

Titus drafted and successfully passed the law in 2003 in response to Rhodes' drive to develop the land, much of which is part of a largely deforested and now inactive gypsum mine. Her law was matched by similar restrictions passed by Clark County.

"I got delivered the papers today from Jim Rhodes," Titus told a crowd of about 75 people who were attending a community meeting Wednesday on safety issues affecting State Route 159, which runs through the conservation area. "You may have to help me fight that lawsuit."

The state suit mirrors a federal lawsuit filed by the developer in May against Gov. Kenny Guinn, Attorney General Brian Sandoval and Clark County that sought to block enforcement of the restrictions. Attorneys for Rhodes subsequently dropped Guinn from the suit, said Deputy Attorney General Bryan Stockton.

Rhodes' plan sparked an outcry from conservationists, enthusiasts of the Red Rock protected area, residents of the village of Blue Diamond outside the conservation area and others. Rhodes paid James Hardie Gypsum $50 million for the 2,400 acres, while the opposition, including local and state restrictions, was moving forward.

An earlier proposal from developer John Liang Homes called for 8,400 homes on the land. County planners and federal Bureau of Land Management officials, who manage Red Rock Canyon, have said they expect that Rhodes will have to seek high-density zoning to cover the $50 million price tag for the property.

Clark County passed its own limitations on development near Red Rock, which sparked a lawsuit against then-Commissioner Mark James that was eventually settled out of court. Both the state and county limitations would freeze the number of homes at one house per 2 acres.

Clark County Counsel Rob Warhola, who represents the county on land-use issues, said the county has not been served on the state lawsuit.

"The only thing I know of is the complaint they filed in May," he said.

Representatives for Rhodes said they would have no comment on either suit.

"Because this is a matter in the courts, in would not be appropriate to comment at this time," said Bill Marion, a Rhodes spokesman with a Las Vegas public relations company.

State and local officials said Rhodes will have a tough time tossing the restrictions.

"We're confident that it's well within the authority of the board (Clark County Commission) to set up overlay districts," Clark County Manager Thom Reilly said. "We do it all the time. That's not a take-away.

"The board is responsible, it is part of their duties, to set zoning. If you look throughout this valley, you have overlay districts. You have areas that are more restrictive and areas that allow for more density."

Titus, who is running for governor, said she was surprised at the timing of Rhodes' suit.

"I don't know why he figured to do it now, but this is bad for him now because of all the interest in the road safety issues," she said.

Clark County and others would like to buy the land, and the county is now trying to assess the property, but Rhodes has deflected those overtures, she said.

"He wants to get more money from the development."

Titus said Rhodes will have a tough time winning the suit because the state law only freezes existing zoning. The law does not take away any existing rights to build, she said.

"I can't believe that any court is going to let him get away with that," Titus said.

Titus said she would call on all gubernatorial candidates to reject campaign contributions from the developer while the suit is pending. She added that the Titus campaign probably wouldn't receive any money from the developer in any case.

Red Rock Canyon is considered a jewel of Las Vegas' nearby natural features. Just a few miles outside the urban area, the federal conservation area's sweeping vistas and hiking trails make a favorite day trip for city residents and visitors.

Development opponents fear that increased traffic, city lights and services and homes overlooking the core of the conservation area will destroy the existing experience at Red Rock.

On a Web site devoted to arguing for the development project, Rhodes noted that much of the land on top of Blue Diamond Hill has been disturbed by 80 years of mining.

"I bought this land because I want to restore its natural beauty, while building a community that meets our needs from young families to seniors who want a beautiful place to retire," Rhodes says on the site.

"The mine site is not in Red Rock Canyon or in the Red Rock Canyon National Conservation Area -- and it has been blasted and ripped apart for nearly a century. My vision is to turn this scarred gypsum site into a community we can all share."