5

COMP
Todd L. Bice, Esq., Bar No. 4534
tlb@pisanellibice.com
Dustun H. Holmes, Esq., Bar No. 12776
dhh@pisanellibice.com
PISANELLI BICE PLLC
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Telephone: 702.214.2100
Facsimile: 702.214.2101

Attorneys for Plaintiffs

1
2
3
4

DISTRICT COURT

CLARK COUNTY, NEVADA

JACK B. BINION, an individual; DUNCAN

R. and IRENE LEE, individuals and Trustees
of the LEE FAMILY TRUST; ROBERT N.
and NANCY A. PECCOLE, individuals, and
Trustees of the ROBERT N. and NANCY
PECCOLE TRUST; FRANK A. SCHRECK,
an individual; TURNER INVESTMENTS,
LTD., a Nevada Limited Liability Company;
and ROGER P. and CAROLYN G.
WAGNER, individuals and Trustees of the
WAGNER FAMILY TRUST,

11
12
13
14

Dept. No.:
COMPLAINT
(Exempt from Arbitration Equitable
Relief Requested)

17
18
19
20

v.

Plaintiffs,
(702) 382-2101

16

(702) 382-2101

15
(702) 382-2101

PISANELLI BICE PLLC

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

10

Case No.:

FORE STARS, LTD., a Nevada Limited

Liability Company; 180 LAND CO., LLC, a
Nevada Limited Liability Company;
SEVENTY ACRES, LLC, a Nevada Limited
Liability Company; and THE CITY OF LAS
VEGAS,
Defendants.

21
22
23

For their Complaint, Plaintiffs allege as follows:

INTRODUCTION

24
25

1.

By this action, Plaintiffs seek declaratory and injunctive relief concerning the

26

Defendants' violations in the recording of a parcel map for property abutting that which Plaintiffs

27

own. Under Nevada law, particularly NRS 278.4925, prior to the recordation of a final parcel

28

map, all tentative map procedures must be followed, including notice and a public hearing. Those
1

requirements are also commanded by Las Vegas Municipal Code 19.16.070. The Defendants,

including the City of Las Vegas, have openly sought to circumvent the requirements of state law

as well as the City Code in order to deprive interested persons, like the Plaintiffs, from notice and

an opportunity to be heard. This conduct is just part of an overarching campaign to interfere with

the legal rights of the homeowners adjoining property owners in the master planned

development commonly known as Queensridge. Because the City has cooperated with the other

Defendants in violating both state law and the City's own code, Plaintiffs are entitled to

declaratory and injunctive relief setting aside those unlawful actions.

PARTIES
2.

Plaintiff Jack B. Binion is, and at all relevant times was, an individual residing

11

within Queensridge and one of the owners of the property identified as APN 138-31-314-006,

12

which abuts the property over which the unlawful parcel map has been recorded.

13

3.

Plaintiffs Duncan R. and Irene Lee, individuals and Trustees of the Lee Family

15

identified as APN 138-31-314-014, which abuts the property over which the unlawful parcel map

16

has been recorded.

17
18
19
20
21

(702) 382-2101

Trust are, and at all relevant times were, residents of Queensridge and owners of the property

(702) 382-2101

14

(702) 382-2101

PISANELLI BICE PLLC

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

10

4.

Plaintiffs Robert N. and Nancy A. Peccole, individuals, and Trustees of the Robert

N. and Nancy A. Peccole Trust are, and at all relevant times were, residents of Queensridge and
owners of the property identified as APN 138-31-215-013, which abuts the property over which
the unlawful parcel map has been recorded.
5.

Plaintiff Frank A. Schreck is, and at all relevant times was, an individual residing

22

within Queensridge and one of the owners of the property identified as APN 138-31-311-014,

23

which abuts the property over which the unlawful parcel map has been recorded.

24

6.

Plaintiff Turner Investments, Ltd. is a Nevada Limited Liability Company and, at

25

all relevant times, the owner of the property identified as APN 138-31-712-002, which abuts the

26

property over which the unlawful parcel map has been recorded. Turner Investments is owned, in

27

part, by Clyde Turner, a Queensridge resident.

28
2

7.

Family Trust are, and at all relevant times were, residents of Queensridge and owners of the

property identified as APN 138-31-311-006, which abuts the property over which the unlawful

parcel map has been recorded.

8.

Nevada Limited Liability Company, which is ultimately owned and controlled by a Nevada

resident named Yohan Lowie and is the party who filed the unlawful parcel map on the property

in question.
9.

Defendant 180 Land Co, LLC. ("180 Land") is, upon information and belief, a

10

Nevada Limited Liability Company, which is ultimately owned and controlled by Lowie through

11

another of his entities, EHB Companies, LLC. 180 Land is an entity that took title to a portion of

12

the property based upon the unlawful parcel map.

13

10.

Defendant Seventy Acres, LLC ("Seventy Acres") is, upon information and belief,

15

through another of his entities, EHB Companies, LLC. Seventy Acres is an entity that took title

16

to a portion of the property based upon the unlawful parcel map.

17
18
19

(702) 382-2101

a Nevada Limited Liability Company, which is ultimately owned and controlled by Lowie

(702) 382-2101

14

(702) 382-2101

PISANELLI BICE PLLC

Defendant Fore Stars, Ltd. ("Fore Stars ") is, upon information and belief, a

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

Plaintiffs Roger P. and Carolyn G. Wagner, individuals and Trustees of the Wagner

11.

Defendant City of Las Vegas is a Nevada Municipality and the Queensridge master

planned community is within the City's borders and jurisdiction.

The City authorized and

approved the filing of the unlawful parcel map for the property in question.

20

COMMON ALLEGATIONS

21

A. The Queensridge Master Planned Development

22

12.

In 1986, the William Peccole Family presented their initial Master Planned

23

Development under the name Venetian Foothills to the City, encompassing the land located from

24

West Sahara Ave., north to West Charleston Blvd., and then further north to what was to become

25

Alta Drive and Hualpai Way east to Durango Dr.

26
27

13.

The Master Plan contemplated two 18 hole golf courses, which would become

known as Canyon Gate and Badlands. Both golf courses were designed to be in a major flood

28
3

zone and were designated as flood drainage and open space.

designations so as to address the natural flood problem and the open space necessary for master

plan development.

14.

15.

In 1990 the William Peccole Family presented their additional Master Plan under

the name Peccole Ranch Master Plan and it encompassed the land located from W Charleston

Blvd. north to Alta Dr. and Hualapai Way east to Durango Dr. Queensridge was included in this

plan and covered W Charleston Blvd. north to Alta Dr. and Hualapai Way east to Rampart Blvd.

10

16.

This addition to the Master Plan specifically defined the Badlands 18 hole Golf

11

Course as flood drainage in addition to satisfying the required open space necessitated by the City

12

for Master Planned Development.

13

17.

The golf course designation was for 211.6 acres and specifically was presented as

15

development would not be feasible in the flood zone, but as a golf course could be used to

16

enhance the value of the surrounding residential lots.

17
18
19
20
21
22
23
24
25
26
27

(702) 382-2101

zero net density and zero net units.

(702) 382-2101

14

(702) 382-2101

PISANELLI BICE PLLC

The William Peccole Family developed the area from W. Sahara north to W.

Charleston Blvd. within the boundaries of Hualapai Way on the west and Durango Dr. on the east.

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

The City mandated these

18.

The William Peccole Family knew that residential

In 1993 the William Peccole Family Trusts leased the Badlands Golf Course

designated area to Senior Tour Players Development, Inc. and it designed and built the Badlands
18 hole golf course.
19.

On or about December 8, 1995 Fore Star filed as a limited liability company with

the Nevada Secretary of State.

20.

In 1996 the lessee, Senior Tour Players Development, Inc., added a new 9 hole golf

course in the natural flood zone.

21.

In April, 2005, Senior Tour Players Development, Inc. assigned its lease to BGC

Acquisition Group LLC, which was managed by Bruce Bayne and Larry Miller.
22.

By Grant, Bargain and Sale Deed recorded April 4, 2005 the Peccole 1982 Trust,

dated February 15, 1982 and the William Peter and Wanda Ruth Peccole Family Limited

28
4

Partnership conveyed to Fore Stars, Lot 5 of Amended Peccole West and Lot 21 of Peccole West

Lot 10. This Deed was signed for the Trust by Peccole-Nevada Corporation, Trustee by, Larry A.

Miller, Chief Executive Officer and for the Partnership by Peccole-Nevada Corporation, General

Partner by Larry A. Miller, Chief Executive Officer. This deed purports to convey the Badlands

golf course 18 holes and 9 holes to Fore Stars.

ownership interest to Lowie and affiliates, and they became its managers. Upon information and

belief, the purpose of this acquisition was to acquire the golf course property for the purpose of

10
11

converting it to residential development, including high density uses.

B.
The City's Complicity in Depriving Surrounding Homeowners of Legal Notice
and an Opportunity to be Heard.

12

24.

Cognizant that their plan to develop the golf course property which has been

14

homeowners that purchased property abutting the golf course lots, Lowie and his companies have

15

sought to camouflage their plans so as to circumvent the legal rights of abutting homeowners.

16

One of those schemes involved having the City of Las Vegas Planning Department propose an

17
18
19
20
21

(702) 382-2101

designated as open space into residential units would face stiff legal opposition from

(702) 382-2101

13

(702) 382-2101

PISANELLI BICE PLLC

In or about March of 2015, the then-existing principals of Fore Stars sold their

7
9

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

23.

amendment to the City of Las Vegas master plan and place it on a Planning Commission agenda
for September 8, 2015. This proposed amendment was purportedly proffered by the planning
staff and proposed to eliminate the density cap on master planned communities throughout the
City.
25.

In the backup and justification for this proposed drastic change, staff did not

22

identify any particular projects and did not disclose that this change was being sought at the

23

behest of a particular developer. In truth, Lowie's companies were behind the sought amendment.

24

But neither Lowie nor his companies wanted their names associated with the amendment and thus

25

convinced the City's staff to advance the proposed change as though it was a routine staff proposal

26

that did not relate to any particular development or any particular developer. The involvement of

27
28
5

Lowie's companies and agents for them was intended to be kept secret and never disclosed as part

of that proposed amendment.

26.

to the City's master plan was in the pipeline which would have allowed developers to exceed the

otherwise existing density cap Fore Stars filed an application with the City seeking to alter the

Badland's Golf Course designation from park recreation open space to planned community

development. Of course, without disclosing it to the public, staff knew that Fore Stars was the

intended beneficiary of the Master Plan Amendment to allow developers to exceed the density

cap, but that fact was hidden and was not part of any public record or disclosure.

10

27.

The Defendants' scheme unraveled at the September 8, 2015 Planning Commission

hearing when members of the Queensridge Homeowners Association became aware of Fore Stars'

12

activities and staff's complicity in it.

13

Commission to object, citing the lack of fair and proper notice as well as the lack of disclosure as

14

to who was truly behind the proposed Amendment, representatives for Fore Stars revealed (for the

15

first time) their involvement in having staff propose a Plan Amendment without disclosing that it

16

was for the benefit of Fore Stars. The Planning Commission held the proposed Plan Amendment

18
19

When certain homeowners appeared at the Planning

(702) 382-2101

17

(702) 382-2101

11

(702) 382-2101

PISANELLI BICE PLLC

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

At about the same time, on August 26, 2015, while the purported staff amendment

in abeyance until its November 4, 2015 meeting and then tabled the amendment agenda item.
Fore Stars subsequently withdrew its August 26, 2015 application since the proposed Plan
Amendment, which was the basis for its application, was not approved.

20

C. The City Again Cooperates in Circumventing Legal Requirements.

21

28.

22

But, as the Plantiffs would learn, that was not the first or the last time that the City

would cooperate with these developers to circumvent public disclosure requirements.

23

29.

On June 18, 2015, approximately 15 years after the Peccole Ranch Master Plan

24

had been fully developed and all required development bonds released, Fore Stars recorded a

25

Parcel Map for "A MERGER AND RE-SUBDIVISION OF A PARTION OF LOTS 4 AND 5

26

AS SHOW IN BOOK 77 PAGE 23 OF PLATS, TOGETHER WITH LOT 21". (emphasis

27

added)

28
6

1
2

30.

which directly refers to its enabling statute, NRS 278.4925.

31.

pursuant to this section must be subdivided and recorded on a final map, parcel map or

map of division into large parcels, as appropriate in accordance with NRS 278.320 to

278.4725, inclusive, and any applicable local ordinances." (emphasis added)

32.

NRS 278.320 to 278.4725 require the application of the Tentative Map process

including public notice, public hearing and notification to all public services entities.

33.

Fore Stars' Parcel Map was recorded with only the Certification of the Las Vegas

10

City Director of Planning, Thomas A. Perrigo, and without the public notification and process

11

mandated by NRS 278.320 to 278.4725 or the City's Code.

12

34.

Additionally, Fore Stars' Parcel Map was, upon information and belief, submitted

14

list the names of each owner of record, including the holder of record of any security interest in

15

the land, if that security interest was created by mortgage or deed of trust. On February 26, 2015,

16

a deed of trust was recorded as Fore Stars had encumbered the entire Badlands Golf Course in

17
18
19
20
21

(702) 382-2101

without satisfying the requirements of LVMC 19.16.070(F) which requires that the application

(702) 382-2101

13

(702) 382-2101

PISANELLI BICE PLLC

NRS 278.4925 mandates that: "Parcels merged without reversion to acreage

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

The Parcel Map was purportedly prepared pursuant to LVMC 19.16.070(C.)

favor of P.V.D. Nevada Family Limited Partnership, Y.M.L. Nevada Family Limited Partnership
and NLV LLC attention: Thomas Spiegel. This deed of trust secures a promissory note, the
amount of which is not set forth in the deed of trust. This security interest is omitted from the
recorded Parcel Map and does not appear in the application filed.
35.

After the Parcel Map's unlawful recording, Fore Stars used the property division

22

set forth in the Parcel Map to then transfer property interests to 180 Land Co and from 180 Land

23

Co then to Seventy Acres, both companies having as manager EHB Companies LLC and

24

controlled by Lowie.

25

36.

Based upon the unlawful Parcel Map and a Quitclaim Deed from 180 Land Co to

26

Seventy Acres that was prepared as a result of the unlawful Parcel Map on November 30,

27

2015, Seventy Acres, filed with the City of Las Vegas Department of Planning, an Application for

28
7

General Plan Amendment, Zone Change and Site Development Review for a project named

"ORCHESTRA VILLAGE."

37.

located on Alta/Rampart southwest corner and will included up to 720 condominium units which

Seventy Acres intends to rent out as apartments for at least six years for the acknowledged

purpose of circumventing Nevada's construct defect protections.

FIRST CAUSE OF ACTION

(Breach of NRS Chapt. 278 & LVMC 19.16.070)

9
10

38.

14
15
16
17
18
19

In 1999, the Nevada State Legislature passed Senate Bill 542, which became NRS

278.4925 and specifically provides:

"1. An owner or governing body that owns two or more contiguous parcels may
merge and resubdivide the land into new parcels or lots without reverting the
preexisting parcels to acreage pursuant to NRS 278.490.
2 Parcels merged without reversion to acreage pursuant to this section must be
resubdivided and recorded on a final map, parcel map, or map of division into
large parcels, as appropriate, in accordance with NRS 278.320 to 278.4725,
inclusive and any applicable local ordinances" (emphasis added)
(702) 382-2101

13

39.

(702) 382-2101

12

Plaintiffs repeat and reallege the allegations set forth in Paragraphs 1 through 37

above as though fully set forth herein.

11

(702) 382-2101

PISANELLI BICE PLLC

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

The First phase of the ORCHESTRA VILLAGE project consists of 17.49 acres

40.

NRS 278.320 to 278.4725, as set forth in NRS 278.4925, address the subdivision

of land and outline the steps necessary when subdividing real property. Specifically, before an

20

owner can record a final parcel map contemplated by NRS 278.4925, the owner must first comply

21

with all prior steps, beginning with NRS 278.330.

22
23
24
25
26
27

41.

NRS 278.330 requires preparation of a tentative map to be filed with the Planning

Commission:
"1. The initial action in connection with the making of any subdivision is the
preparation of a tentative map.
2. The subdivider shall file copies of the map with the planning commission"
42.

NRS 278.335 requires review of the tentative map by agencies of the State, and

inspections by the District Board of Health:

28
8

"1. A copy of the tentative map must be forwarded by the planning commission for
review to:
(a) The Division of Water Resources and the Division Environmental Protection of
the State Department of Conservation and Natural Resources;
(b) The district board of health acting for the Division of Environmental Protection
pursuant to subsection 2; and
(c) If the subdivision is subject to the provisions of NRS 704.6672, the Public
Utilities Commission of Nevada".

1
2
3
4
5

43.

6
7
8
9

District:
"1. The planning commission shall forward a copy of the tentative map to the
board of trustees of the school district within which the proposed subdivision is
located".

12
13

44.

The City in its Unified Development Code, 1916.070 (C) addresses Merging and

Resubdivision of Contiguous Parcels:

"In accordance with NRS 278.4925, the owner of two or more contiguous parcels
may merge and resubdivide the land into new parcels or lots without reverting the
preexisting parcels to acreage pursuant to NRS 278l.490."

14

45.

NRS 278.360 to NRS 278.4725 specifies the requirements and conditions for a

16

tentative map, which must satisfy Nevada's open meeting law requirements.

17
18
19

(702) 382-2101

Subdivision Final Map. NRS 278.349 requires public action by the Planning Commission on the
(702) 382-2101

15
(702) 382-2101

PISANELLI BICE PLLC

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

10
11

NRS 278.346 further requires notice and comment from the Clark County School

46.

The requirements of NRS 278.4925 and LVMC 19.16.070 were not met when the

City Planning Director Certified the Parcel Map and allowed it to be recorded by Fore Stars. The
recording was unlawful and both the City and the principals of Fore Stars knew or should have

20

known that it was unlawfully recorded. Upon information and belief, this process was undertaken

21

in an attempt to again circumvent the public notice and hearing requirements mandated by the

22

law.

23

47.

The unlawfully recorded Parcel Map by Fore Stars is the basis for all of the

24

subsequent actions taken by Fore Stars and Lowie's other companies. These actions include

25

recording of the Parcel Map; deeding property interest to 180 Land Co. And Seventy Acres and

26

the filing of an Application with the City for the development of 17.49 acres subdivided as a

27

result of the Parcel Map.

28
9

48.

homeowners will suffer irreparable and substantial harm such that Plantiffs are entitled to

mandatory injunctive relief that requires Defendants and the City to retract and undo all of the

illegal activities and that the Court enter an order enjoining further activity resulting from those

unlawful acts.

SECOND CAUSE OF ACTION

(Declaratory Relief)

8
9

49.

50.

A justiciable controversy arises as to Plaintiffs' rights to notice and an opportunity

11

to be heard prior to the recordation of any parcel map, particularly as to the property abutting their

12

own.

13
14

51.

18
19
20
21
22

Plaintiffs have been forced to hire an attorney to prosecute this action and therefore

seeks recovery of his attorneys' fees and court costs as permitted under Nevada law.
(702) 382-2101

17

52.
(702) 382-2101

16

A judicial declaration of the parties' rights is necessary to avoid any further dispute

between the parties in connection with these issues.

15
(702) 382-2101

PISANELLI BICE PLLC

Plaintiffs repeat and reallege the allegations set forth in Paragraphs 1 through 48

above as though fully set forth herein.

10
400 SOUTH 7TH STREET, SUITE 300
LAS VEGAS, NEVADA 89101
702.214.2100

As a result of Defendants' wrongful acts, Plaintiffs and similarly situated

WHEREFORE, Plaintiffs pray for judgment as follows:

1.

An order invalidating the parcel map recorded by Fore Stars, and declaring its

recordation to be unlawful and in violation of Nevada law;

2.

An order declaring any real property transfers based upon the unlawful parcel map

to be void and of no effect;

3.

An order enjoining the Defendants, including the City, against taking any action

23

based upon the unlawfully recorded parcel map, or recognizing any property transfers or

24

applications based upon the improperly and unlawfully recorded parcel map;

25

4.

An award of reasonable costs and attorneys' fees; and

26

5.

Any additional relief this Court deems to be just and proper on the evidence

27

presented at trial.

28
10

DATED this __th day of December, 2015.

PISANELLI BICE

2
3

By:

/s/ Todd L. Bice

Todd L. Bice, Esq., Bar No. 4534
Dustun H. Holmes, Esq., Bar No. 12776
400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Attorneys for Plaintiffs

4
5
6
7
8
9
11
12
13
14

17
18
19

(702) 382-2101

16

(702) 382-2101

15
(702) 382-2101

PISANELLI BICE PLLC

400 SOUTH 7TH STREET, SUITE 300

LAS VEGAS, NEVADA 89101
702.214.2100

10

20
21
22
23
24
25
26
27
28
11