Wednesday, Sept. 11, 1996 | 11:59 a.m.
Sahara hotel-casino owner Bill Bennett has been spanked with a $1,000 fine and an order to submit to a deposition in a lawsuit over a 40-acre plot of land across the Strip.
Bennett purchased the property and canceled a lease by St. Andrews Golf Company, which planned a sports complex at the southwest corner of Las Vegas Boulevard and Sahara Avenue.
Bennett had appeared for the deposition accompanied by longtime Las Vegas physician Dr. Elias Ghanem but answered questions for only an hour before complaining of chest pains and being advised to leave by Ghanem, attorney David Chesnoff said in a hearing Tuesday.
Chesnoff said he expected the deposition to resume the next day, but Bennett canceled.
Bennett's attorney, Stan Hunterton, explained that undergoing the sworn questioning in a lawsuit can "create stress and be detrimental to health."
But the District Court's Discovery Commissioner Thomas Biggar said it was an excuse that he has seen "over and over again" in the civil cases that he handles in the preliminary stages for the district judges.
Biggar added that it was "like pulling teeth" to get Bennett to agree to the original deposition date last month and noted that the casino mogal didn't even complain of feeling ill before abruptly terminating the questioning.
Although Chesnoff, who represents St. Andrews Golf, asked that Bennett be slapped with a $5,000 penalty for his recalcitrance, Biggar imposed the lesser amount but warned that next time attorneys fees will be included.
He may not get that chance.
Hunterton said he will appeal Biggar's decision to District Judge Gene Porter, who is presiding over the case.
"The commissioner was wrong," Hunterton said. "We made Bill Bennett available. He was ill one day."
The case involves money Hunterton admits that Bennett owes to St. Andrews Golf over the lease. The issue is whether the amount owed is in the neighborhood of $1 million as Bennett understood, or more than $3 million as St. Andrews Golf alleges.
St. Andrews Golf leased the land from the Howard Hughes Corp. to build a high-tech golf driving range and baseball park that included virtual reality attractions.
The lease specified that if the land was sold, the lease could be canceled by the buyer if St. Andrews Golf's investment were reimbursed -- up to $3.5 million.
"The real battle is over how much is owed," Hunterton said, indicating that Bennett already has stated in an affidavit that he was told the price wouldn't exceed $1 million.
"The price of the property was so good that if the price with the (lease buyout) was $1 million more, it still was a good deal," Bennett's attorney said.
Hunterton, however, questioned whether St. Andrews Golf is owed $3 million.
"There is no question they did some grading but they certainly never built anything," he said of one of the last large parcels of prime casino land available.
While the legal battle persists, Hunterton said "if there is a deal cooking (for the sale or development of the land), this certainly isn't going to hold it up."
He added that Bennett's health won't be a problem in the court case or any business venture despite Chesnoff's allegations and Bennett's history in the deposition fight.
"He's in good shape," Hunterton said. "The question is how much energy he has day to day."
He said the court case could be quickly resolved "if we could get any reasonable cooperation from the opposing attorneys."
But the court records shows that it took three court motions to force Bennett into the abbreviated deposition.
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