Judge paves way for demolition

District Judge Mark Gibbons has lifted his court order preventing the city of Las Vegas from razing the dilapidated buildings that once were the Sierra Nevada Arms publicly-assisted housing project.

During an hour long hearing Monday, Gibbons was told mice have colonized the buildings that were moved months ago to two vacant lots at Coran Lane and Simmons Street, on the city's border with North Las Vegas.

And Deputy City Attorney Bill Henry said asbestos throughout the former four-plexes also is a risk to the children who play in and around the boarded-up building and for the homeless who have taken up residence there.

Three of the 43 buildings caught fire and were destroyed last week. Though no official reason has been given for the fire, the fire department suspects arson.

Henry argued the buildings are resting precariously on blocks and high winds could easily topple some of them, adding to the risk to children and the possibility more asbestos could be released.

Stating that public safety is his primary concern, Gibbons dissolved the restraining order he had issued Friday to forestall the city's plan to demolish the remaining buildings at a cost of about $100,000.

The city had already started its demolition plans last week when asbestos was removed from four buildings.

Michael Kinzler purchased the buildings with the intent of transporting them to new homesites, renovating them and then selling them. He bought them from Southwest Colored Rock, a contractor that was hired to demolish the buildings. But instead of wrecking them, Southwest sold the salvage rights to Kinzler -- a move that city attorneys are contending might not be legal.

Southwest was hired by Shepherd Hills Development Corp. to demolish the dilapidated buildings to make way for a low-income condominium project. Shepherd Hills, which made plans for the project, bought the land from the U.S. Department of Housing and Urban Development for $1.

As part of its agreement with HUD, Shepherd Hills was supposed to have the buildings razed and the asbestos removed from them. HUD agreed to give the non profit contractor $448,000 for the demolition -- $264,00 of it has been paid, though the buildings still remain.

But, now with Kinzler responsible, he's only managed to have them moved to temporary storage lots -- a move that Henry said was trespassing because at least one of the two property owners hadn't given permission.

Kinzler's attorney, Ken Roberts, related a tortured tale of thwarted attempts to obtain government permission to move the apartments and of problems finding property to relocate the apartments.

Roberts said Kinzler sank his life savings into the venture and borrowed money from friends, only to see his hopes of resurrecting the buildings dashed.

Henry complained that Kinzler had been granted several delays by city officials but never was able to fulfill his promise and obligation to move the structures that had been vacant and boarded-up for the past dozen years.

"He was given break after break after break," Henry said, telling the judge that on June 8 the City Council finally declared the buildings a "public nuisance" and ordered their demolition.

At one point Kinzler vowed the move would be accomplished in 30 days and even signed a letter agreeing to let the city have its way with the vacant structures if he didn't comply, Henry said.

He didn't, and instead obtained another delay through the city.

In court Monday, Gibbons was told by Wayne Jackson of Southwestern Paving and Grading that he could move the buildings within 40 days if the proper permits were obtained from governmental entities.

But that apparently hadn't been orchestrated in the months since Kinzler bought the buildings in October, and Gibbons wasn't inclined to provide another delay or substitute his opinion for that of the city council.

Henry said he doubts that Kinzler had even purchased the 35 North Las Vegas homesites where the buildings were to be moved.

While the city won the battle, it is likely the war will continue.

Roberts said Kinzler could still seek a last minute order from the Nevada Supreme Court. The attorney said it also is possible if the buildings were destroyed that a lawsuit could be filed against the city seeking compensation under the theory that the action constituted a public taking of private property without compensation.

At the same time, the city has indicated it might pursue Kinzler for reimbursement of the money it costs to demolish and remove the structures that are more than 20-years-old.

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