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December 18, 2024 Property and Casualty News
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Badlands settlement on the agenda for Las Vegas

Jessica Hill / Las Vegas Review-Journal December 17, 2024 - 10:01 amEl Tiempo Libre

The Las Vegas City Council could take action Wednesday on a settlement over the failed Badlands golf course, which would help wrap up a lengthy legal battle with a developer who wanted to build homes on the defunct course.

According to a meeting agenda, the council will discuss possible action regarding the approval of a settlement, mutual release, and purchase and sale agreement with the companies 180 Land Co., Fore Stars and Seventy Acres.

Las Vegas Mayor Shelley Berkley said in a statement the item on the council agenda is a major step forward in reaching a settlement in the litigation.

"While the terms being considered are nonbinding, and will require more work to finalize details, this item shows a willingness by all parties to bring this long-running issue to a conclusion," Berkley said, declining to comment further.

The city is purchasing the Badlands property for $636 million — paid for by the city's liability insurance and property damage fund — then selling the property for $350 million to Lennar Homes through simultaneous escrows, with everything expected to close on March 19, 2025. The remaining $286 million will stay with EHB Cos. to settle the litigation, according to staff reports.

Lennar Homes would be able to build between 1,550 and 1,750 homes on the property, according to the staff reports.

The longstanding dispute between the city of Las Vegas and developer Yohan Lowie revolves around Lowie's plans to turn the failed 250-acre golf course into an expansive housing project. Lowie previously built One Queensridge Place and Tivoli Village.

Lowie bought the course in 2015 with the intention of building an expansive housing project there, but neighboring residents opposed the project. The city granted land entitlements, but building plans stalled over whether zoning allowed for housing.

EHB Cos., of which Lowie is the founder and CEO, alleged in lawsuits — broken up by parcels in the name of separate companies — that the city's action effectively "took" the property by denying EHB's ability to build there. Multiple judges have agreed, awarding the developer $285 million for three of the four cases. A fourth case has been resolved, with the city paying EHB $64 million for a 35-acre section of the larger area after a city's appeal was rejected by the Nevada Supreme Court.

A settlement would require four votes from the City Council. After November's election, no members of the City Council were involved in the original actions that led to the lawsuits. Councilwoman Victoria Seaman has long been at the forefront to call for an out-of-court settlement.

Seaman, whose ward contains the Badlands property, said she hopes Wednesday's meeting is a start to settling the Badlands case. Since she took office five and a half years ago, she has been pushing for a settlement and has long been the only member of the council to call for a settlement.

"It's a far cry from the $64 million settlement that we had two years ago and didn't have votes on," Seaman said. "We can no longer kick the can down the road. … I'm just grateful that we're finally talking about it."

Contact Jessica Hill at [email protected]. Follow @jess_hillyeah on X.

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