Proposed Badlands settlement on the table for City Council

A settlement between the city of Las Vegas and the would-be developer of the defunct Badlands golf course could be coming.

The Las Vegas City Council could vote as early as Wednesday — a day after the general election — on a settlement proposal between $250 million and $286 million, according to a council meeting agenda.

If approved by both sides, the figure could resolve three remaining lawsuits and allow EHB Cos. to keep a 34-acre parcel of land from a previously resolved fourth lawsuit, according to the city. The cases would be dismissed “with prejudice,” meaning EHB would not be able to come back and sue the city about the matter again.

Las Vegas earlier this year paid a $64 million judgement for that fourth lawsuit it lost.

It’s not clear how ready EHB, which is led by CEO Yohan Lowie, is ready accept the proposed settlement. His company could not immediately be reached for comment.

But the city said its representatives have negotiated a $250 million resolution, while EHB’s negotiation number stood at $286 million, according to the agenda item.

If the agenda item receives a majority of votes, the city would continue negotiating with EHB. The council also would need to vote on a final resolution of the land, according to the city.

The funds would come from the city’s liability and property damage funds, the agenda said.

Either dollar amount would be much less than the city’s risk of losing between $450 million and $650 million if Las Vegas continued to lose in the remaining court cases, according to City Attorney Jeff Dorocak.

The cases involve the shuttered 250-acre golf course that EHB bought in 2015 with plans to build an expansive housing development until it was blocked by the City Council after residents of the adjacent Queensridge community protested the plan.

Lowie filed several lawsuits alleging that the city’s action effectively “took” his property. Multiple judges have agreed, awarding EHB $285 million for three of four cases.

The litigation took center-stage in the mayoral race between Councilwoman Victoria Seaman and former U.S. Rep. Shelley Berkley, who are vying to replace Mayor Carolyn Goodman.

The winner of Tuesday’s election wouldn’t be sworn in as mayor by Wednesday’s possible vote.

But both candidates have been proponents of an out-of-court settlement.

Seaman who until recently was the only council member who has publicly called for a settlement wrote in a text message Thursday that she hoped “the council members understand how important it is for the taxpayers to settle this matter.”

“I am aware of the agenda item regarding a potential settlement on the Badlands issue,” Berkley wrote in a statement. “This would bring great relief to both taxpayers and the developer, potentially ending this costly, long-standing nightmare that began almost a decade ago and has impacted the city of Las Vegas significantly.”

Contact Ricardo Torres-Cortez at rtorres@reviewjournal.com.