City, Culinary bring redevelopment fight to District Court

By Jeff Pope (contact)

Wednesday, April 15, 2009 | 7:56 p.m.

The city of Las Vegas on Wednesday continued its fight to keep two ballot questions aimed at changing the way it redevelops its downtown from ending up on the June 2 general election ballot.

The city and Culinary Union are fighting in court over the proposals, which would force the city to get voter approval for large-scale redevelopment projects, like the city’s proposed city hall.

Last week, the Nevada Supreme Court rejected a petition seeking to force the city to put a redevelopment referendum on the municipal election ballot, saying the issue needs to be aired first in District Court.

The Las Vegas Taxpayer Accountability Committee and the Las Vegas Redevelopment Reform Committee -- two groups backed by the Culinary Union -- gathered more than 14,000 signatures to put the issue on the ballot. The City Council, however, voted not to place them on the ballot.

Arguments Wednesday focused on the Las Vegas Taxpayer Accountability Act. If approved, it would change the city charter to force the city to gain voter approval for lease-purchase agreements worth more than $2 million.

That initiative would require that voters cast ballots to approve the lease payments each year, Las Vegas City Attorney Brad Jerbic said during testimony Wednesday.

Such action also would require changing state laws because municipal elections are held every two years, he said. Lease payments are considered an administrative function of the City Council and not policy that usually involves the public, Jerbic said.

“Given the reality under state law, I don’t know how to make this work,” he said.

The union has argued that building a $150 million city hall, which would require the city to raise $267 million through public bonds, is not in the best interest of taxpayers.

“It’s not true that the council has been given carte blanche to spend whatever it wants to spend,” said Culinary Union attorney Richard McCracken.

Las Vegas Mayor Oscar Goodman, who has been an outspoken critic of the Culinary Union, could take the stand when the hearing resumes Thursday afternoon.

“We will not buckle to them,” he said of the union.

District Court Judge David Barker said he will likely make a ruling Friday after considering arguments. That ruling could bounce back to the state Supreme Court as early as next week.

Absentee ballots for the June 2 election must be printed and mailed no later than April 24.