Las Vegas delays vote on element of possible Badlands settlement

by · Las Vegas Review-Journal

The Las Vegas City Council delayed a vote Wednesday whether to approve between $250 million to $286 million as part of a possible settlement with the would-be developer of the defunct Badlands golf course.

However, both sides hinted that a resolution appears imminent.

“We believe we’re going to get there,” EHB Cos. attorney Jim Leavitt told the council.

City staff will continue negotiating with the developer to resolve three lawsuits that could cost taxpayers much more if Las Vegas continued losing court cases — up to $650 million, according to City Attorney Jeff Dorocak.

A final agreement would then have to be approved by the City Council.

City Attorney Jeff Dorocak said he and City Manager Mike Janssen have been negotiating with EHB — which is led by CEO Yohan Lowie — for about 15 months.

Two weeks ago, Dorocak said, “some new energy was pushed into the discussions with Mr. Leavitt.”

Lowie and company co-principal Vickie DeHart were present at that meeting, where a breakthrough occurred and a dollar range was established, Dorocak said.

Leavitt, who noted that a third party was involved in negotiations, asked for a vote delay while additional details were ironed out.

“We believe, at the end of the day, we’re going to get to the agreement,” Leavitt said.

The item will next be publicly discussed as early as Dec. 18.

Lowie bought the 250-acre golf course in 2015 with the intention of building an expansive housing project.

Neighboring residents opposed the project. The city had granted land entitlements, but building plans stalled at City Hall over whether zoning allowed for housing.

EHB alleged in lawsuits — broken up by parcels — that the city’s action effectively “took” the property. Multiple judges have agreed, awarding the developer $285 million for three of the four cases.

Earlier this year, Las Vegas resolved one of the suits by paying a $64 million court judgement.

The city’s representatives have negotiated a $250 million resolution for the remaining suits, while EHB’s negotiation number stood at $286 million, according to Wednesday’s meeting agenda item.

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

Councilwoman Victoria Seaman, who until recently was the lone voice in the City Council advocating for an out-of-court solution, said: “I’m confident that we will have a good settlement.”