Tuesday, Jan. 12, 2010 | 3:41 p.m.
CARSON CITY -- The Nevada Supreme Court has upheld the decision of the Clark County Commission to allow the Fontainebleau’s garage-convention structure to increase in height from 175 feet to 230 feet.
Residents of the nearby Turnberry Towers, which has 721 unit owners, had asked District Judge Michael Villani to block the increased height. But Villani backed the decision of the commission.
The Supreme Court said, “We will not substitute our judgment for that of the board (of County Commissioners) as to the credibility of witnesses or the weight of the evidence on questions of fact.”
The court noted Fontainebleau filed for a voluntary petition for bankruptcy last June. So legal actions are stayed involving that company.
But the court said the Turnberry residents could resume their suit against Fontainebleau once the bankruptcy case is complete.
Miami development company Turnberry Associates led the development of both Turnberry Towers and Fontainebleau.