Attorneys for Blake Smith are suing Storey County over the commissioner's rejection of the proposed Cordevista subdivision.
Smith had sought a master-plan amendment and zone change that would allow him to build between 8,500 and 15,000 homes and office and retail complexes on 11,000 acres he owns in the central part of the county.
Smith, developer of Virginia Highlands LLC, have filed a peremptory challenge to District Judge William A. Maddox. The challenge was filed in the First Judicial District Court on Oct. 9.
Virginia Highlands LLC had filed a petition for judicial review requesting that the court overturn the decision of the Storey County commissioners to deny the request for a master-plan amendment and zone change and order the county to approve the applications.
Smith is also seeking court costs, attorneys fees and damages in excess of $10,000.
A peremptory challenge requires no showing of cause.
Calls to Smith and his attorneys, Stephen Mollath and Mark Amodei, were not returned.
A spokesman for Judge Maddox said the case would be assigned to another judge.
• Contact reporter Karen Woodmansee at kwoodmansee@nevadaappeal.com or 881-7351.