Nevada Supreme Court decides Badlands development dispute

A three-judge panel of the Nevada Supreme Court on Thursday ruled the city of Las Vegas acted properly when it initially approved a development on the shuttered Badlands golf course — a win for the developer and a defeat for neighbors opposed to the project.

The ruling says that developer Yohan Lowie was not required by law to file for a “major modification” of the Peccole Ranch Master Plan and that a previously approved development agreement was sufficient.

Neighbors opposed to the project claimed the city didn’t follow development rules when it approved the project in 2017, and they cited a planning department report that erroneously said the “major modification” was required. A District Court judge agreed, and Lowie appealed that ruling to the state Supreme Court.

“We conclude that the City Council properly interpreted the city’s land-use ordinances in determining that (Lowie’s company) was not required to obtain a major modification of the Peccole Ranch Master Plan before it could develop the parcel,” the ruling says.

“In sum, we conclude that the District Court erred when it granted (neighbors’) petition for judicial review. The city correctly interpreted its land use ordinances and substantial evidence supports its decision to approve (Lowie’s) three applications.”

Lowie, in an interview with the Review-Journal after the ruling was issued, said his once-shaken faith in Nevada’s judicial process had begun to be restored.

“Today for the first time, we start believing,” he said. “The courts have followed the law to a T.”

Although the ruling paves the way for the development to proceed, Lowie said he wasn’t sure what his future plans for the land are now, since the battle over the development has taken years and the market for homes in the area may no longer be as lucrative as it was when he first moved to develop the land. Still, he embraced the ruling as vindication after years of court fights.

“It’s a good day for the taxpayers,” Lowie said.

A representative of neighbors opposed to the project couldn’t be reached for comment on Thursday evening. One of those opponents — noted gaming attorney Frank Schreck — told the Review-Journal last month that he would bet his law career that the state Supreme Court would decide development on the land was improper.

The ruling essentially resets the land-use battle to near the start of the process, when the council approved an application to build condos over the objections of neighbors.

Former Councilman Bob Beers — who favored the project — was ousted in 2017 by newcomer Steve Seroka, largely because of the Badlands issue. Seroka led the council in passing an ordinance that made development on golf courses more difficult, Seroka resigned from the council in 2019 amid a personal scandal. The council later repealed the development ordinance.

The legal battle cost the city more than $2 million.

Most of the Supreme Court’s members recused themselves from hearing the case. The panel that issued Thursday’s ruling consisted of Justices Lidia Stiglich and Elissa Cadish and state District Court Judge Lynne Simons, who was appointed to hear the matter by Gov. Steve Sisolak.

Contact Steve Sebelius at SSebelius@reviewjournal.com or 702-383-0253. Follow @SteveSebelius on Twitter.