Defendants seek dismissal of Boulder City lawsuit, lawyer fees

By Dylan Scott

Wednesday, Oct. 6, 2010 | 11 a.m.

In the case of Boulder City’s golf course ballot initiative, the defendants in a city lawsuit have filed a motion to have the case dismissed and the city compensate them for their attorney fees.

If Judge Allen Earl rules in their favor, Boulder City would have to pay almost $21,000 to the four residents’ attorney, Tracy Strickland, husband of city councilwoman Linda Strickland, who helped her husband defend the initiative and keep it on the November ballot.

Tracy Strickland filed the motion on Sept. 21, and it will come before the court at 9 a.m. on Oct. 21.

The motion alleges that the city’s lawsuit was an example of SLAPP (Strategic Lawsuits Against Public Participation) litigation, as defined by Nevada law.

City Attorney Dave Olsen attempted to have the ballot question, which would limit the city to owning one golf course, removed from November’s election through the lawsuit.

By definition, the motion says, SLAPP lawsuits “are intended to censor, intimidate or silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.”

Tracy Strickland said he and his wife hesitated before taking the case, because of Linda Strickland’s role on City Council. But, he said, he believes his clients, who have “limited financial resources,” have a right to legal defense against a city with “unlimited public resources.”

“They should never have sued these people,” Tracy Strickland said, adding that the ballot initiative process encourages public participation in the political process. “It baffles me.”

Earl ruled in September that the ballot question should be allowed to come to a vote, against the wishes of the city.

The city’s representing attorney, Paul Larsen from Lionel, Sawyer and Collins, has argued that the ballot question infringed on the council’s right to make administrative decisions, such as buying or selling land.

The Stricklands argued, and Earl agreed, that the question was one of policy, which is an appropriate use of the ballot initiative process, and the council still had the administrative authority to decide how that policy was implemented.

Calls to Larsen’s office were not returned. Larsen charged the city $450 per hour for his services, Olsen told the city council in August.

The two city-owned golf courses, Boulder Creek Golf Club and the municipal course, are budgeted to lose more than $1 million in 2011, as the city continues to pay off its lease for Boulder Creek's land.