LAS VEGAS (KTNV) — Protecting you and your wallets is one way that we fight for locals, so when Badlands was front and center in the Dec. 18 City Council meeting, we were watching closely.
But the staggering amount of money now facing us—the taxpayers—wasn't the only issue that was questioned.
Politics and improper protocol were also on display and those who did not get to speak raised further public concern.
Darcy Spears: The debacle of Badlands was built on allegations of political corruption.
City Councilwoman Victoria Seaman: Correct.
Darcy Spears: Are we still looking at politics in play to this day?
Victoria Seaman: Absolutely we're looking at politics in play. And I think the public is tired of it.
The city made the $636 million hole taxpayers are now in when elected officials illegally took developer Yohan Lowie's land in 2017. They effectively prevented the residential development of the defunct Badlands golf course, despite the land near Alta and Rampart being zoned for just that.
It's a story 13 Investigates has reported on extensively for more than five years.
Battle Over Badlands
"I think this is something that they should teach to all municipalities on land use," said Seaman. "And this should never, ever happen again to anyone."
Lowie sued and won at every turn, in every court, and after seven years of fighting, the city and Lowie reached the settlement that was presented to the council at its Dec. 18 meeting for a vote on non-binding terms.
"Faced with the financial impact of the settlement before you today, I think it's fair to say that every public servant in this building wishes that certain events and court decisions had gone differently, but they did not," City Attorney Jeff Dorocak told the council before turning the agenda item over for a vote.
"The protocol is to turn it over to the Ward," said Councilwoman Seaman, representing Ward 2, where Badlands is located.
However, Seaman was not allowed to speak or make a motion on the issue. Instead, Mayor Berkley gave the floor to Mayor Pro Tem Brian Knudsen, who said, "For the city employees who've had to listen to this and struggle through this, I want to appreciate you. For the constituents that have been asking us daily for years now, 'When is this coming to a resolution?' I want to say this council has been actively working towards a resolution the entire time."
But, just two months ago, Knudsen voted to file another appeal to the Nevada Supreme Court, which had already ruled against the city in another, nearly identical Badlands case.
At the Sept. 4 council meeting, before casting his vote, Knudsen said, "Our job is to defend the city, and that is what we are doing is defending the city at all costs."
At that time, only Seaman and Nancy Brune voted against continuing the court battle.
"I had worked for months with the developer, with the attorneys, to make sure that we got a settlement," said Seaman.
We asked Seaman why she thinks the mayor and mayor pro tem broke protocol and didn't allow her to speak during the Dec. 18 agenda item on the settlement.
I think they wanted to take credit for the work that I have done. And I think that the mayor pro tem wanted to put a statement out there that he'd been trying to--or willing to settle it. Nothing is further from the truth.
Here's how it all went down
Seaman: I would like to have a moment because it's my ward and if you don't mind if I could read and make a motion in Ward 2.
Mayor Berkley: Well, I think a motion's already been made, but if you would like to make a brief statement, I would entertain that now.
Seaman: Do we have a motion on the floor, City Attorney?
Knudsen: I would move to approve.
Berkley: The mayor pro tem has moved to approve. I'd like to call for a vote on the motion.
Seaman: Well, thank you for denying my statement.
And she wasn't the only one who expressed concern.
Las Vegas Resident Patricia Reid addressed Mayor Berkley during public comment:
Madam mayor, I have to bring this to your attention because I don't want it to develop to be anything worse than what I saw. When you were getting ready to do the Badlands vote and Councilwoman Seaman asked if she could speak, you did not allow her to speak. But, I have watched you before some of these other votes turn and ask everyone if they have anything to say, and you've allowed them to do that. So, Madam mayor, I'm just pointing that out to you. I don't want to see anything develop here. I thought it was incredibly rude that you didn't ask her to speak, especially since that was her area.
"I appreciate that input," Berkley replied.
Seaman then rose from her seat and took the public comment microphone herself.
"Since the chair mayor did not allow me to speak as a member of the council on the most critical issue to ever face my ward, after having spent five-and-a-half years working diligently on a settlement, I will once again address the council as a resident of Ward 2."
At the end of the meeting, Mayor Berkley apologized for not letting Seaman speak.
"As you all know, this is my second meeting, and I'm just, uh, learning the ropes and how to run a meeting. I do not believe it is appropriate for any city council member to have to go to the well in order to speak, and I apologize for that and it will never happen again."
After the meeting, Seaman said, "I think that that is not a way to come in as a mayor and behave. You've been in Congress. You absolutely know the protocol. (In any case), I've accepted her apology, and I hope that we can move forward cohesively because I'm not going anywhere."
Seaman has two years left in her council term and she can decide whether to run for re-election.
As for Badlands, the land sale/development contracts between the city, Yohan Lowie, and Greystone, Nevada, were signed this week. The litigation settlement is set for a final city council vote on Feb. 5.
