Bidder challenges county’s decision to appeal Beltway ruling

By Steve Kanigher

Wednesday, Feb. 3, 2010 | 2:22 p.m.

Almost immediately after the Clark County Commission voted 4-3 Tuesday to appeal a federal court ruling involving bids for a proposed Las Vegas Beltway construction project, one of the bidders filed an emergency motion challenging the appeal.

Fisher Sand and Gravel argued in a motion filed in U.S. District Court that Commissioners Steve Sisolak and Tom Collins violated a prior federal court order by voting with the majority to appeal a ruling last month from District Judge Robert Jones to award the construction contract to Fisher as low bidder.

Without participation from Sisolak and Collins, Fisher argued that the commission vote would have been 3-2 against joining competitor Las Vegas Paving in an appeal of Jones' decision.

In expressing disappointment with the commission's decision, Fisher's Nevada area manager, Joe Miller, said: "It is unfortunate, given the current economic climate, we have to further delay employment opportunities and go through the judicial system at the taxpayers' expense."

County spokeswoman Jennifer Knight said the county had no immediate response.

Jones had said that the commission acted corruptly and displayed favoritism in attempting to bypass nonunion contractor Fisher's low bid in favor of union contractor Las Vegas Paving, whose bid was $4.6 million higher. The commission majority, in turn, accused Jones of overstepping his authority in ordering the county to award the contract to Fisher.

Jones had previously ruled that Sisolak and Collins "by willing agreement" would abstain from participating in the awarding of the bid for this project. The bids were to widen the beltway from Tenaya Way to Decatur Boulevard.