79°F
weather icon Mostly Clear

Court sets trial in Boulder Inn & Suites’ bankruptcy case

A Las Vegas bankruptcy judge ordered a trial to be set for Boulder Inn & Suites' lawsuit against the Boulder Dam Credit Union.

Judge August B. Landis ruled that a trial will be necessary to figure out whether or not the credit union has a valid claim on Mario and Anneliese Caruso's Family Trust properties.

The three properties the credit union are trying to foreclose on are the Carusos' home, Boulder Inn & Suites at 704 Nevada Way and the mobile home park at 1501 Nevada Highway.

Boulder Dam Credit Union filed a motion to seize the three properties as part of AMC Property Holdings and Stanley K. Holding's Chapter 7 bankruptcy filing before the Carusos filed a countersuit.

Anneliese Caruso originally was issued a loan in 2008 in the amount of $3.718 million by the credit union before refinancing the note in 2010 in the amount of $3,697,346.61 after her husband died. The 2010 note was to be paid in 11 monthly payments of principal and interest with a final balloon payment due on May 10, 2011.

The countersuit stated the language used by the credit union in its promissory note was vague, there was no new deed of trust executed with the 2010 note and that Anneliese Caruso had no interest in AMC or Stanley K. Property Holdings, the companies that harbor Boulder Inn & Suites and the mobile home park.

The hearing on Monday was to determine if either party would be granted summary judgment, meaning Landis could rule in favor of one side or the other without a trial. That motion was denied.

"The court will deny summary judgment for both parties in this matter because I do believe there are genuine issues of material fact for trial in connection with this case," Landis said. "The first genuine issue of material fact is whether and to what extent Boulder Dam Credit Union has a claim of any kind."

He continued to say it was clear that the issues in the case in front of the courtroom that day weren't to be decided expediently and would need a trial.

Brian Shapiro, bankruptcy trustee over the case, said he's unsure of when to expect a trial, as no date was set when the courtroom adjourned.

Contact reporter Randy Faehnrich at rfaehnrich@bouldercityreview.com or at 702-586-9401. Follow him on Twitter @RandyFaehnrich.

THE LATEST
Former fire chief Gray discusses termination

The past few weeks have been a whirlwind for the city, and specifically the fire department, as questions of whether or not Will Gray was still employed as that department’s chief spread through town.

Breeding proposal breeds opposition

Judging by the number of people speaking out against it during public comment at the last city council meeting and the tone of numerous social media posts, the proposal to allow for licensed pet breeders to operate in Boulder City is itself breeding a growing opposition. And the opposition appears to be spilling over into other pet-centric issues, including the fact that, unlike anywhere else in Clark County, Boulder City does not require dogs to be on a leash in public.

Wanted: A good home for theater seats

For those who have either grown up in Boulder City or are longtime residents, the Boulder City Theatre holds a special place in the hearts of many.

Hangars and OHVs and pool people, oh my

In a meeting with only two council members present in the room (and the other three on the phone) and in which the major attention was divided between a contentious possible law concerning pets and the fact that the city manager had announced he was leaving for a new job on the East Coast, the council did take a series of other notable actions.

Look, up in the sky…

Ron Eland/Boulder City Review

Council hears plan for golf course turf reduction

Reducing water usage in Southern Nevada has been a subject that has affected the look of clean, green Boulder City multiple times in the past year.

City confirms fire chief no longer employed

After more than two weeks of inquiries by the Boulder City Review, late Tuesday afternoon the city confirmed that Boulder City Fire Chief Will Gray is no longer employed.

Residents weigh in on 99 Cents Store’s shuttering

In what came as a surprise to many who are frequent shoppers, officials from 99 Cents Only Stores announced last week that all of their 371 locations will be closing over the next several weeks.

Four suspects arrested in graffiti case

On Jan. 22, many residents were shocked by a rash of graffiti throughout town, which included the historic Boulder City Theatre.