Strip restaurant takes bridge feud to Supreme Court

Struggling to stay out of the shadows of Las Vegas Strip megaresorts and within the view of tourists, the Rosewood Grille is continuing its battle against a pedestrian bridge that would block the restaurant's famous sign.

The restaurant is appealing a District Court's decision to rule in favor of the Clark County Commission, which approved the bridge in August.

The commission granted the Venetian hotel-casino a variance allowing the bridge that will link the resort to the Mirage and Treasure Island on the west side of the Strip. Rosewood Grille attorneys have argued that the Venetian never proved a legal hardship and therefore should not have been granted the variance.

Attorney Shawn Huggins said the Rosewood is urging the Supreme Court to issue a stay on the project until it reviews the case and makes the final ruling.

In the meantime, the Clark County Commission agreed May 16 to sign an agreement with the Venetian and Mirage Resorts Inc. for the construction and maintenance of the bridge.

Now it's a race to see whether construction begins before the stay is issued.

"Our appeal will be merely made academic if they build this thing in the interim," said Huggins, who filed the motion with the state Supreme Court last month.

While the Rosewood would rather not see the bridge built, Huggins said restaurant owners Alan and Kevin LeWinter will build their own walkway from the overpass to their front door if they lose their appeal.

"We're currently in the process of working with the Mirage and the Venetian to agree on a plan that allows us all to get done what we need to get done," Huggins said. "At least we could get the bridge built together so we all have a hook-in."

The Clark County Planning Commission approved the walkway in January 1999, despite objections from planning administrators who feared the location of the bridge -- 900 feet south of Spring Mountain Road -- would set a dangerous precedent.

While the county has long planned to construct four pedestrian bridges at the intersection of Las Vegas Boulevard and Spring Mountain Road, the Venetian and Mirage offered to pay for the southern segment if it was built between their hotels.

Administrators with the resorts also hoped to build the bridge sooner than the county had planned.

Rosewood attorneys have argued that the majority of the customers who frequent the 45-year-old restaurant are visitors wandering by and the bridge would funnel pedestrians directly into the Venetian. Attorney John Moran Jr. said 5,000 people walk along the sidewalk in front of the Rosewood Grille every hour.

The LeWinters have also claimed that the Venetian, which already borders the small restaurant on three sides, is trying to squeeze them out. To appease the restaurant owners, the county has agreed to allow them to build a taller sign that could be seen over the bridge.

Huggins said the Supreme Court appeals case could take anywhere between six months and two years to resolve.

archive