Motion to dismiss lawsuit the latest chapter in saga of Blue Diamond Hill development

County attorneys and one of the two parties the county sued, mining company Gypsum Resources, believe the core issue the court was asked to decide was made moot by the County Commission last month.

But environmental nonprofit Save Red Rock, the lawsuit’s other defendant, wants to keep the case alive to try to block Gypsum Resources’ proposed development on Blue Diamond Hill.

In the lawsuit, the county asked Clark County District Court to decide whether a concept plan Gypsum Resources submitted to county staff in 2011 had expired. Judge Jerry Wiese declined to make a ruling during a hearing on Feb. 9.

Deputy District Attorney Robert Warhola told county commissioners at their Feb. 22 meeting that he and staff had determined the plan had not expired, so Gypsum Resources withdrew a concept plan it submitted in 2016.

The company is now proceeding with the 2011 plan.

“The county is making a motion to dismiss (in court) because the case is moot,” county spokesman Dan Kulin said. “The Dec. 9 action for declaratory relief and subsequent related filings were prompted by the 2016 concept plan application, which has been withdrawn.”

Ron Krater, spokesman for the proposed development, agreed.

“It is our position that the issues brought forth in the lawsuit filed by Clark County were resolved when the Clark County Board of Commissioners reaffirmed the approval of Gypsum Resources’ (2011) Concept Plan,” he wrote in an email.

A hearing for dismissal is scheduled for March 30.

Save Red Rock attorney Justin Jones said if the case is dismissed, he plans to file another lawsuit claiming the 2011 plan did expire.

“We believe the 2011 plan expired because it wasn’t pursued by the developer … and as a result of that the county shouldn’t be proceeding with processing that application,” Jones said.

Contact Michael Scott Davidson at sdavidson@reviewjournal.com or 702-477- 3861. Follow @davidsonlvrj on Twitter.