Judge denies request to block vote on Beltway project

By Steve Green (contact)

Monday, Nov. 16, 2009 | 7:07 p.m.

A federal judge on Monday refused to block yet another vote on a disputed northern Las Vegas Beltway widening job.

The Clark County Commission is set Tuesday to consider two agenda items related to the bid, which has been held up for months by lawsuits involving Fisher Sand & Gravel Co. -- an unsuccessful bidder in the first two rounds of voting.

One agenda item calls for reconsidering the bid awarded twice earlier to Las Vegas Paving Corp.; another suggests money for the project be used for other jobs in light of the continued delays.

Fisher on Monday asked U.S. District Judge Robert Jones to issue a restraining order blocking action Tuesday, charging Clark County staff has failed to provide it with specific information as to what commissioners will consider during Tuesday's re-hearing.

Fisher said it has been seeking specific information about what the county considers applicable toward Fisher, whether the county has any specific allegations against any of the bidders, whether the county staff has a recommendation for the commissioners and whether a protest of the bid will be heard.

Fisher said in its motion that one of its executives requested the information so Fisher would have an adequate opportunity to address any allegations that may come up at the hearing, but the executive has received no information on the issues he asked about.

Jones refused to block the hearing, saying the county had not yet violated a previous ruling requiring Fisher receive certain information.

"As the court considers this issue today, this circumstance does not yet exist," Jones said in his ruling, calling Fisher's motion "unripe," or premature.

But Jones warned in his order that if the commission "considers any information of which it has not forewarned Fisher," it will be in violation of his previous order on information-sharing.

Monday's court action on the disputed $117 million job was just the latest in a series of legal events since the county initially awarded the job to Las Vegas Paving in April. The job is to widen the 215 Beltway between Tenaya Way and Decatur Boulevard.

After losing the initial bid, Fisher sued in Clark County District Court and a state judge ordered another vote.

Las Vegas Paving won the job again, despite its bid being $4.6 million higher, because of concerns about tax fraud convictions involving former Fisher employees and Fisher environmental violations in Arizona.

Fisher then sued in federal court, and Jones ordered another vote and that two commissioners abstain from voting because of allegations they were biased against Fisher.

One of the commissioners, Tom Collins, then filed his own lawsuit for the right to vote -- but Jones dismissed that suit Nov. 3.

That brings the issue to Monday's failed attempt to block Tuesday's potential vote No. 3.