By Jack Johnson, Boulder City Review

The City Council directed City Attorney Dave Olsen on Tuesday to appeal a Clark County District Court order to pay nearly $11,000 in attorneys fees for a group of residents sued by the city after sponsoring two ballot initiatives.

Tuesday’s decision came after the Council went into a closed session to discuss District Court Judge Susan Scann’s April 1 ruling that, by filing separate lawsuits against the defendants for two ballot initiatives they sponsored, the city had violated one of the Nevada Rules of Civil Procedure which protects against needless increases in the cost of litigation.

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By Jack Johnson, Boulder City Review

Clark County District Court Judge Susan Scann on Friday ruled the city wrongly filed separate lawsuits against a group of citizens that sponsored two ballot initiatives in the fall.

The court ordered the cases consolidated and told the City to pay nearly $11,000 in defendants’ attorneys fees and costs.

The city was also ordered to dismiss any defendant who requests dismissal.

The court declined to dismiss the case because no ruling has been made on the merits of the petition.

The initiatives, which deal with voters approving city debt and volunteer committee term-limits, were passed by voters in the fall.

The city filed two lawsuits in November, separately challenging the legality of each initiative, because the city felt they were two “discreet issues.”

However, the city believes both initiatives are illegal because they overstep the administrative authority of the city.

Scann said the City seems to be “forum shopping, to get different judges to come up with different ideas.”

The City has 30 days to pay the fees unless it appeals the decision.

City Attorney Dave Olsen said he will bring the judge’s decision to the City Council to decide if the city will appeal.

By Jack Johnson, Boulder City Review

City Council voted Tuesday to place a temporary moratorium on a city ordinance limiting the number of non-commercial signs that can be placed in residential zones after City Attorney Dave Olsen advised the ordinance was confusing and unconstitutional.

The section of Boulder City Code 11-24-9 that establishes a two-sign limit was lifted for now, which means that residents can place any number of signs in their yard. The signs, however, must comply with the rest of the ordinance which states that they can be no bigger than six square feet.

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By Jack Johnson, Boulder City Review

The Nevada Supreme Court issued an order March 3 saying it does not have the jurisdiction to hear three anti-SLAPP motions by the defendants named in the city’s ballot initiative lawsuits, and has ordered them to show cause within 30 days why the court should hear the motions.

The three anti-SLAPP — strategic lawsuit against public participation — motions were initially filed in Clark County District Court by the small group of defendants, claiming the city was wrongly suing them to challenge three ballot initiatives they sponsored and circulated.

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By Jack Johnson, Boulder City Review

An attempt to fix a sign ordinance City Attorney Dave Olsen believes is unconstitutional failed at Tuesday’s City Council meeting.

Olsen recommended the city place a temporary moratorium on the city’s noncommercial sign ordinance because he believes it restricts free speech and is unconstitutionally vague. But two separate motions died on the issue in tied votes. Mayor Roger Tobler was absent from the meeting.

The Boulder City Code restricts the number of signs in residential zones to two per household, with each sign being a maximum of 6 square feet. Olsen said this two-sign rule violates the U.S. Constitution because it restricts multiple members of a household from voicing all their potential political stances.

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By Arnold M. Knightly, Editor’s Desk

Newspapers have long been the champions of free speech, so it should come as no surprise where I am going to come down on the issue of political signs.

There is a group of people in this town, a very small but vocal group, that is pushing the city to enforce an unconstitutional city ordinance that would only allow two political signs at a private residence.

On Thursday, I became aware that some residents were accusing their fellow citizens of breaking the laws of this town while trying to support their candidates for office.

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By Jack Johnson, Boulder City Review

The defendants in a lawsuit filed by the city that questions the legality of a debt-limit initiative they were able to get on the November ballot will be taking their case to the Nevada Supreme Court.

The move is on the heels of a Jan. 20 decision by Clark County District Court Judge Jerome Tao who denied a motion by the defendants to dismiss the case which questions the legality of the ballot question approved by voters last fall. Passage of the question means the city is now required to receive voter approval before incurring debt over $1 million.

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By Jack Johnson, Boulder City Review

The dust has settled and now Boulder City residents finally know what the 2010 general election meant for them at a level that may impact them more than any other – the local level.

In the race for the state assembly seat representing District 20, which comprises Boulder City, Mesquite, Laughlin and parts of Henderson, Democrat Lynn Goya of Boulder City lost what she considered to be a clean race to Republican and former Mesquite City Councilman Cresent Hardy.

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By Jack Johnson, Boulder City Review

A local attorney is calling for an investigation into the ethics of City Councilwoman and attorney Linda Strickland for representing the defendants in a city-instigated lawsuit.

The new petition comes a few months after Strickland successfully defended a nearly two-year legal battle against a group of residents attempting to have her and fellow Councilman Travis Chandler recalled, which they won in the Nevada Supreme Court earlier this year.

Resident Jim-Bob Rowland signs a petition calling for an investigation of Councilwoman Linda Strickland's ethics. The petition is being circulated by local attorney Stephen Stubbs who wants to know if Strickland acted unethically in representing the defendants in a city instigated lawsuit over ballot initiative. Photo By Chandelle Gleed

Tax attorney Stephen Stubbs sat in front of the Boulder Dam Credit Union on Friday collecting signatures on a petition to have City Attorney Dave Olsen or an outside body investigate the actions of Strickland who voted at a City Council meeting on Aug. 10 not to allow the city to continue a lawsuit against five residents.

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City Councilwoman Linda Strickland

By Jack Johnson, Boulder City Review

The attorneys defending four residents against the city’s efforts to keep a question off the November ballot filed a motion in Clark County District Court Sept. 22 seeking attorneys’ fees and to have the case dismissed.

If successful, the city will have to pay about $20,000 to attorneys Tracy Strickland and his wife, City Councilwoman Linda Strickland. This figure will be added to the roughly $37,000 the city has already paid for its own outside representation.

A hearing on the new motion is scheduled for Oct. 21.

The city retained law firm Lionel, Sawyer and Collins in June, and in July filed suit in Clark County District Court against eight residents.

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