Horizon casino eviction case back to district court

By Geoff Dornan

Appeal Capitol Bureau

The Nevada Supreme Court Tuesday rejected a petition asking it to intervene in the battle between South Shore's Horizon Hotel/Casino and its landlord, Park Cattle Co.

The order says a writ of mandamus is only proper when a petitioner "has no plain, speedy and adequate legal remedy." An appeal in district court, the order states, is an adequate legal remedy.

Wimar Tahoe Corp., which owns the Horizon, wanted the Supreme Court to order District Judge Dave Gamble to interpret the lease in the case and dismiss claims its lawyers argue were filed after the statute of limitations expired.

Park Cattle, which owns the physical property, is trying to evict the Horizon's owners, claiming they are violating lease requirements that require maintenance of the hotel, furniture and equipment.

Court documents claim there is extensive water damage to the ceilings and walls of most rooms, mold and other biological contamination, stagnant water in places beneath the showroom stage and problems with the roofing and exteriors of the building.

Park Cattle lawyer Steve Meyer told reporters when the company sued, it would cost at least $20 million to fix the problems.

Wimar Tahoe countersued claiming Park Cattle is trying to force them off the property and hinted that Park Cattle has an ulterior motive, but without stating what that motive is.

The high court said Wimar hasn't demonstrated its intervention is warranted.

"As stated in the district court's orders, there appear to remain disputed material factual issues in this case and this court is not an appropriate forum in which to resolve them," the order by Justices Bill Maupin, Michael Cherry and Nancy Saitta states.

The court pointed out Wimar Tahoe has an adequate and speedy legal remedy available since the district court trial is scheduled to begin in the near future. If they lose there, the order states, Wimar could appeal that district court judgment.

Finally, the order says granting the petition wouldn't resolve the case anyway since that would only eliminate five of the 18 issues in the case.

• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.