Las Vegas won’t appeal ruling invalidating Badlands development plan

The 250-acre site of a closed golf course is now slated for the development of condos, estate lots and a hotel, photographed on Tuesday, June 6, 2017. Patrick Connolly Las Vegas Review-Journal @PConnPie

Dried-out grass is highlighted in the late afternoon light at the Badlands Golf Club in Queensridge in Las Vegas, Thursday, July 27, 2017. In June, the golf course's owners turned the water off, allowing the grass to dry out. (Gabriella Angotti-Jones/Las Vegas Review-Journal) @gabriellaangojo

The city of Las Vegas won’t appeal a Clark County District Court judge’s ruling that invalidates a condominium development the City Council approved on the Badlands golf course last year.

The City Council split 3-3 in a Wednesday vote on whether to appeal the ruling. The tie killed the appeal.

District Judge Jim Crockett in January sided with Badlands neighbors opposed to the development plan, ruling that city rules require the developer to submit a major modification to the master plan.

A divided City Council narrowly approved in February 2017 developer EHB Cos.’ plans to build 435 condos on 17 acres at the eastern edge of the closed golf course, near Alta Drive and Rampart Boulevard.

City Attorney Brad Jerbic told the council Wednesday that based on city code, the zoning district doesn’t require a major modification, and the city has “strong legal ground to argue it.”

“It was a win for the homeowners and a loss for the city and developer,” Jerbic said of the judge’s decision.

Jerbic said he expects the developer will appeal the District Court ruling despite the city’s decision.

The City Council currently has six members. Former councilman Ricki Barlow resigned in January, leaving the Ward 5 seat vacant until a new council member is seated next month.

Mayor Carolyn Goodman and Councilwomen Lois Tarkanian and Michele Fiore voted to appeal the ruling.

“We need a seat at the table,” Goodman said. “We can’t take a chance.”

At the January hearing, Crockett noted that city staff members initially said a major modification to the Peccole Ranch Master Plan was needed to approve the developer’s application.

“Instead, over the course of many months there was a gradual retreat from talking about that, and instead all of a sudden that discussion and the need for following staff’s recommendation just went out the window,” Crockett said, according to a transcript of the hearing.

Councilman Steve Seroka, who represents the Queensridge development that surrounds the Badlands course, said the city should nix the appeal to preserve resources for other potential litigation, likening it to losing a battle but winning a war. Multiple lawsuits have been filed over the development plans for the closed west valley course.

Seroka and Councilmen Stavros Anthony and Bob Coffin voted against the appeal.

“It really has no bearing on anything that happens in my ward,” Anthony said.

Multiple development plans have come before the Las Vegas Planning Commission and the council since EHB Cos. bought the roughly 250-acre golf course, but the 435 condos are the only proposal the council has approved.

Those plans are part of an ongoing struggle between the developers and opponents who live in the tony Queensridge development that the golf course weaves through. The two sides have a fundamental disagreement over whether the shuttered course can be developed.

The City Council shelved the most recent set of Badlands development plans until May.

Contact Jamie Munks at jmunks@reviewjournal.com or 702-383-0340. Follow @Journo_Jamie_ on Twitter.