Divided county commission votes to appeal Beltway ruling

By Kyle B. Hansen

Published Tuesday, Feb. 2, 2010 | 4:03 p.m.

Updated Tuesday, Feb. 2, 2010 | 6:30 p.m.

Clark County commissioners on Tuesday voted to join the legal battle over a project to improve part of the Las Vegas Beltway.

The board voted 4-3 after a closed discussion to appeal a federal judge’s ruling that required the county to award a $112 million contract to Fisher Sand & Gravel to improve the Beltway from Tenaya Way to Decatur Boulevard.

Last month, U.S. District Judge Robert Jones ordered the commission to award the contract to Fisher after nine months of legal battles, saying commissioners had acted “corruptly” and with “more than a hint of favoritism.”

Las Vegas Paving has appealed the ruling to the 9th U.S. Circuit Court of Appeals.

Commissioners Rory Reid, Larry Brown and Susan Brager voted against appealing the case while Tom Collins, Chris Giunchigliani, Steve Sisolak and Lawrence Weekly voted to appeal.

Some of the commissioners said they felt the judge overstepped his role in deciding who should be awarded the contract.

“I think the most single important reason that this board should support the appeal is the fact that if we don’t, the rights of elected officials at the local government level are trampled on by a federal judge overreaching,” Collins said.

Giunchigliani agreed.

“I do believe the judge, with all due respect, went beyond his authority,” she said. “I just don’t think my constituents’ or my voice should be disenfranchised as an elected official, and that’s really what it fundamentally comes down to in my mind. I think we have to protect our right to be able to vote and make a decision based on information that has been brought before us.”

Brown and Brager said the judge’s ruling was inappropriate – Brager said he should offer a public apology – but they still voted against the appeal because of how long it would take, keeping the project from creating jobs.

“I think that from day one this case has been destined for litigation and even under an appeal process we’re looking at potentially another 18 months to three years, depending on how things fall out,” Brown said. “That is defeating the purpose of public works projects at a critical time when we need to be putting people to work.”