Miners lose round against Del Webb

A federal judge has issued a temporary restraining order barring trespassing by people holding mining claims on Las Vegas-area land now owned by Del Webb Corp.

U.S. District Judge Philip Pro issued the order last week. It says the injunction may be modified when the validity of the mining claims is decided upon.

The suit stems from mining claims filed by numerous individuals, investors and trusts with the Bureau of Land Management on land near Black Mountain in Henderson. The claims were staked under an 1872 mining law that allows such mineral claims on some federal lands.

Del Webb obtained the property in a 1997 land swap with the BLM and is developing it as a master-planned community to be named Anthem.

Arizona-based Del Webb filed the suit after two men holding claims, Tim Edwards and Jeffery Fegert, drove a bulldozer on to the property March 23 and began digging a large pit.

Those holding mining claims contend the BLM should decide the validity of the claims, but Del Webb contends the BLM no longer has jurisdiction because the company now privately owns the land.

Ronald Tolman headed a group of investors that staked the claims. However, Tolman disappeared April 25, 1995, and has not been seen since, according to court records.

Del Webb filed a suit in 1996 seeking to have the claims invalidated. Del Webb settled with one of the parties, but not the others. That led to a dismissal of the suit earlier this year. Judge David Hagen was not informed the land exchange had taken place by then, Pro's order states, and a second suit was filed.

For now, the order appears to be a victory for Del Webb.

"Preliminary injunctive relief is appropriate while this court determines whether defendants possessed valid mining claims prior .... to the issuance of patents to Del Webb," Pro wrote.

Yet while the order is for now a victory for the development company, the order states Del Webb could have resolved the dispute before the land exchange was executed.

Pro's order cites an October 1997 report by the Department of Interior's Inspector General that was critical of the land swap between Del Webb and BLM. That report criticized the swap, saying the land was undervalued by $9 million.

Attempts to contact attorneys for both sides, Steve Morris for Del Webb and Hugh Peterson for the claim holders, failed Tuesday evening.

Named in the injunction and barred from the property are Edwards, Fegert, Heavy Duty LLC, Black Mountain Mining LLC, North America Exploration, Tri-Star Holdings, Orson Tingley and Dennis Pyper.

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