Entries from January 24, 2010 - January 30, 2010
Still a City of Neon
Will the Swim-In-Sign ever be repaired and put back up?
A tribute to Betty Willis and 50+ plus years of marketing
Endangered
Pepe's Tacos great redaptive reuse of a former IHOP
Endangered
Tod Motor Hotel still going strong
Fremont Hotel Parking Garage
Thanks to Allen Sandquist for letting us use these images


Nevada Supreme Court gives Pat Mulroy a major setback
Thanks to our pals at LA Observed for clueing us into Chance of Rain:
In a stunning reversal for Las Vegas water manager Patricia Mulroy, ground-water awards that were to fill an almost 300-mile-long pipeline planned by the Southern Nevada Water Authority to run from central eastern Nevada to Las Vegas were invalidated today. In an unanimous decision, the Nevada Supreme Court decided that the State Engineer violated the due process rights of hundreds, if not thousands, of people in target valleys across the Great Basin who had long protested the pipeline and water withdrawals.
After accepting to hear Great Basin Water Network vs State Engineer, the Nevada Supreme Court last spring issued this summary: “In 1989, the predecessor to the Southern Nevada Water Authority filed applications for unappropriated water rights from rural Nevada for use in Las Vegas. More than 800 interested persons filed protests. In 2005, the State Engineer notified roughly 300 of the interested persons that a prehearing conference would be held to discuss the water rights applications. Some organizations and individuals petitioned the State Engineer to re-notice the 1989 applications and reopen the period for filing protests. After the State Engineer denied the request, appellants filed a petition for judicial review in the White Pine County District Court. That petition was denied and appellants are now appealing that decision. [At issue:] Did the State Engineer deprive appellants of the right to due process and/or equal protection by refusing to re-notice the groundwater applications? Did the State Engineer violate his statutory duties by not ruling on the 1989 application within one year?”
In fact, as the legal protest period to the original 1989 applications neared closing in August 1990, the number of protests had surpassed 3,000. Most of these protestants were gone, broke or dead by the time the State Engineer began holding basin-by-basin hearings that would award water claimed under the applications more than a decade later.
In its decision issued earlier today in Great Basin Water Network vs the State Engineer, the Supreme Court of Nevada concluded that due process rights of the protestors had indeed been violated and that “the State Engineer violated his statutory duty by failing to take action within one year after the final protest date. Thus, we … remand for a determination of whether SNWA must file new groundwater appropriation applications or whether the State Engineer must re-notice SNWA’s 1989 applications and reopen the period during which appellants may file protests.”
In a written statement issued by the Great Basin Water Network, the attorney who brought the case, Simeon Herskovits, said, “The Court’s ruling clearly and forcefully affirms that powerful agencies like SNWA are not above the law that binds the rest of the citizenry, and that the State Engineer cannot arbitrarily give such agencies a pass on the law’s requirements.”
Also responding with a prepared statement, the Southern Nevada Water Authority called today’s ruling disappointing and added that it is “considering whether to file a Motion to Reconsider, because we believe the justices may not fully appreciate the far-reaching ramifications of their decision on people throughout the state.”
The Authority also questioned the fairness of singling out Las Vegas for a time lag when it contends that hearings for other applications are routinely not heard within a year of closing the protest period.
“While the decision was directed at the Nevada State Engineer’s ruling on our water right applications,” read the water authority’s statement, “the reality is that based upon an initial review of the state’s database, more than 1,800 applications are jeopardized by this ruling … it is not uncommon for it to take longer than 12 months to act upon a water right application.”
In light of today’s ruling, an agreement pending with Utah about how much water Nevada might be allowed to draw for the Las Vegas pipeline from Snake Valley, a basin shared by the two states, has also stalled, according to reports in the Utah paper the Millard County Chronicle Progress. “This ruling significantly changes the landscape upon which our ongoing discussions have been based,” Utah Governor Gary Herbert told the Chronicle Progress. “It allows us to revisit the proposed agreement with the State of Nevada and ensure that our continued desire to protect Utah’s water interests and the environment is met.”
Patricia Mulroy, who began her leadership of the Las Vegas Valley Water District in 1989 by stunning Nevada with sweeping groundwater applications in dozens of basins across the state, and who later led the formation of the Southern Nevada Water Authority, is in Washington DC today at a climate change conference, where she was expected to recommend exports of Mississippi River water to Southern Nevada as part of a large federal works project.
Photo provided by Chance of Rain
Maglev Train not eligible for federal funding
In an interesting bit of news, the maglev train that we have written about here before looks a bit more doomed today.
As readers know it would provide a faster and more efficient way for tourists from California to visit Las Vegas. The proposed route was from Anaheim to Las Vegas.
It was, however, competing with a rail train that would go from Victorville (yes, you read that right) to Las Vegas. The rail train had the backing of Harry Reid.
Well, the R-J announced yesterday that the Maglev train was deemed not eligible for federal funding. Your guess is as good as mine as to what went wrong. But now Sen. Harry Reid and Governor Jim Gibbons are in a finger pointing contest about who should shoulder the blame:
Nevada lost out on another multimillion-dollar stimulus program when the government doled out $8 billion for high-speed rail projects today and a route being planned for a magnetic levitation train between Las Vegas and Southern California was deemed ineligible.
The denial of $83 million in coveted federal funds that might have been used to create work and advance a futuristic mode of travel for casino-bound tourists set off a round of finger pointing.
Republican Gov. Jim Gibbons blamed President Barack Obama and Democratic Sen. Harry Reid, saying it was an example of the state's senior U.S. senator not using his clout to help Nevada.
A Reid spokesman said Gibbons has no place to look but "in the mirror," releasing a letter from the U.S. Department of Transportation that said the project had misapplied for funding, and was not considered.
No matter, the episode was the second one in a month where Nevada found itself at a loss when it comes to scoring federal cash to help itself through the recession.
In mid-January, Las Vegas Valley governments received no funding from the Department of Housing and Urban Development that would have been spent to keep homeowners from foreclosure. The agency said there were weaknesses in the application.
Rick Tabish granted parole
The Binion name is synomous with Las Vegas. Benny Binion brought his family to Las Vegas in the late 1940s. He opened the Horseshoe Club, went to jail (locals call it Benny went to college) for tax evasion, did his time and returned to his family and his beloved casino.
The hotel/casino was never the same after Benny died and son Jack left over a dispute with his siblings. Son Teddy, they say, had the ability to run the place but his bad choices ultimately made that impossible.
Teddy is today more known for his own murder and the controversy that surrounded it and the bars of silver in a pit in Pahrump than for the Binion name.
The R-J is reporting that Rick Tabish, who was convicted of murdering Ted Binion and then later acquited could be released from prison, on parole, as early as this spring:
Rick Tabish, who was convicted and later acquitted of murdering former Las Vegas casino executive Ted Binion, could be released from prison as early as April 2.
The Nevada Board of Parole Commissioners announced today that Tabish, 44, has been granted parole. Tabish, who is incarcerated at Ely State Prison, has been serving time for burglary and grand larceny. The convictions stem from the theft of Binion's $7 million silver stash.
Binion was found dead in September 1998. Tabish and his lover, Sandy Murphy, both were convicted and later acquitted of murder in the high-profile case. Murphy already has completed her prison sentence for her role in the silver theft.
According to a spokesman with the Nevada Board of Parole Commissioners, Tabish will be supervised in Montana after a release plan is approved.


Oscar Goodman says no to running for Nevada Governor
On paper it probably sounded too good but reality is a different dog and according to Mayor Oscar Goodman that dog won't hunt.
Oscar Goodman earlier this evening announced he would not be running for governor of Nevada. Did he take a long, hard look at Nevada finances and see the writing on the wall? Did he decide to not be the fly in the ointment of the Reid Dynasty talk? Or did he look at the Senate race and see another path to glory? Or is wife Carolyn really going to run for Mayor? Or is there something really out there in Goodman's future beyond the City of Las Vegas and local politics?
As always with Oscar Goodman, stay tuned for further developments.
From the R-J:
Las Vegas Mayor Oscar Goodman won’t be running for governor of Nevada.
Goodman said Monday that he didn’t want to be away from his wife, Carolyn, who wouldn’t move to Carson City, a requirement for Nevada’s governor.
“I love my wife more than life itself,” Goodman said during a news conference in his 10th floor office at Las Vegas City Hall. “I would not want to wake up without my wife next to me.”
Goodman, who recently changed his registration status to nonpartisan to keep open the possibility of running as an independent, said he was undaunted by the fact that Nevadans have never elected a non-major-party candidate to the governor’s job.
“Every bit of empirical data I had reviewed indicated I would have been very competitive,” he said.
Goodman said the only polls he conducted were with shoppers at Costco. But the former mob lawyer did acknowledge he discussed the idea of running with Celinda Lake, the self-proclaimed “godmother” of polling and issue framing for Democratic candidates.
“I talked to her and she is very sad that I’m not running,” Goodman said.
Goodman’s decision leaves the field to four remaining candidates: three Republicans and one Democrat.
On the Republican side, incumbent Gov. Jim Gibbons is trailing former federal Judge Brian Sandoval in statewide polls. Former North Las Vegas Mayor Michael Montandon is a distant third.
On the Democratic side, Clark County Commission Chairman Rory Reid is the only candidate.
“You would suspect there is some relief in the Reid campaign,” said political consultant Dan Hart.
Hart said Goodman would have been a formidable candidate and especially challenging to Reid. The most recent statewide poll that included Goodman as an independent candidate showed Sandoval chosen by 35 percent of respondents, Goodman by 33 percent and Reid by 20 percent.
Reid and Goodman “were likely to have drawn from the same well of voters,” Hart said.
Goodman didn’t endorse any of the current candidates and said he doesn’t envy whoever wins.
The Economic Forum recently reported that state revenue could fall as much as $800 million short of expenses, meaning big cuts and possible tax increases could be on the current agenda. And the prospects could be more daunting in 2011, when the next governor is in office.
“I think the state, in large part, is in the toilet,” Goodman said. “The education, I don’t know whether we are 49th or 50th, but whatever we are ain’t good. Social services are virtually nonexistent. These are things I believe the state is responsible for.”
The 70-year-old mayor is prohibited by term limits from running for a fourth term in 2011.
During his remaining 15 months as mayor, Goodman said, he wants to intensify his role with the Las Vegas Convention and Visitors Authority.
“I want to go out and promote Las Vegas even more than I already have,” he said.
He ruled out the possibility of running for lieutenant governor, saying his ego wouldn’t allow him to be “second chair.” He also said there’s no chance he’ll change his mind about running for governor.
“This is irrevocable,” he said. “I feel like I have a weight off my back.”

