Las Vegas councilmen fight developer’s claims of bias
A federal judge would violate the separation of powers if he blocks Las Vegas City Councilmen Bob Coffin and Steve Seroka from voting on items related to building on the defunct Badlands Golf Course, the elected officials argue in a court filing.
The filing, made Friday, opposes EHB Cos. CEO Yohan Lowie’s request last month that U.S. District Judge James Mahan immediately bar the councilmen from voting on the basis they are too biased to give a fair hearing.
“What Plaintiffs are essentially asking this Court to do is to remove individuals who disagree with their project so that only individuals who agree with their project can vote on it,” the filing states.
Lowie’s request would prevent Coffin and Seroka from voting on a proposed ordinance that would affect more than 20 open spaces and golf courses in Las Vegas, including the Badlands, which has been closed since late 2016.
Mark Hutchison, who is Lowie’s attorney, said the request is specific enough that it does not violate the separation of powers.
“We are only asking to remove the biased members who have infected the city council to the point that my client cannot get a fair hearing,” said Hutchison, who also is Nevada’s lieutenant governor.
Lowie claims the ordinance targets the Badlands and would require the golf course to be kept in fully functioning condition. Seroka has said the law would create a consistent process for what is done with open spaces that people want to develop.
“The maintenance plan requirements do not require anything more than keeping the property clean and free of dry and dead vegetation, tumbleweeds, weeds, and other matters,” the councilmens’ latest filing states.
The ordinance is scheduled to be considered by the city’s recommending committee on Monday. Coffin is one of three city council members on the committee.
The Coffin-Seroka filing rebuts several claims Lowie has made against the councilmen in court, including allegations that Seroka’s emails show he conspired with residents near the Badlands to formulate strategies to oppose developing the golf course.
“He has simply, and consistently, voted his conscience based on his evaluation of the individual merits of what was placed before him,” the filing states. “He is no puppet, but is dedicated to acting in the best (interests) of the community and the people he represents.”
Lowie’s accusation that Coffin is anti-Semitic — based in part on the councilman calling Lowie a “crazy Israeli” in a text message — is untrue and slanderous, the filing states. The filing also disputes the claim that Coffin attempted to hide his written communications about the Badlands from public record requests, and he also dismisses the claim as irrelevant to determining whether the councilman is biased against Lowie.
“It has nothing to do with his worthiness and ability to sit on the City Council and to vote on any matter,” the filing states.
Contact Michael Scott Davidson at sdavidson@reviewjournal.com or 702-477-3861. Follow @davidsonlvrj on Twitter.
