File #: 23-1122   
Status: Agenda Ready
File created: 8/3/2023 In control: Clark County Board of Commissioners
On agenda: 8/15/2023 Final action:
Title: Approve and authorize the Chair to sign a settlement agreement to resolve United States District Court Case No. 2:17-cv-02303 entitled the United States of America v. County of Clark and Nevada Links, Inc.; or take other action as appropriate. (For possible action)
Attachments: 1. Staff Report, 2. US US v Clark County - Settlement Agreement - Approved All Parties FINAL

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Steven B. Wolfson, District Attorney

Recommendation: 

title

Approve and authorize the Chair to sign a settlement agreement to resolve United States District Court Case No. 2:17-cv-02303 entitled the United States of America v. County of Clark and Nevada Links, Inc.; or take other action as appropriate. (For possible action)

body

 

 

FISCAL IMPACT:

Fund #:

1010.000

Fund Name:

General Fund

Fund Center:

1020107000

Funded PGM/Grant:

N/A

Amount:

$10,000,000

Description:

N/A

Additional Comments:

N/A

 

BACKGROUND: 

On September 1, 2017, the United States filed suit against the County and Nevada Links alleging that the 2011 amendment to the 1999 lease impermissibly changed the rent structure in violation of the County’s duty to obtain fair market value for the land pursuant to the Southern Nevada Public Lands Management Act.  The parties have agreed to settle the litigation for a total payment of $11,500,000 to the United States, of which Clark County has agreed to pay $10,000,000 and Nevada Links has agreed to pay $1,500,000.

The District Attorney's Office and the County's outside litigation counsel Jonathan Hardin of Perkins Coie LLP recommend that the Board of County Commissioners approve the settlement and authorize the Chair to sign the settlement agreement.