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News Briefs, Aug. 22

Motion filed in city’s appeal case

The attorney for a former Boulder City resident has filed his answer to the city’s appeal of a case in which it was found guilty of vindictive prosecution.

The case stems from the June 8, 2016, arrest of former resident John Hunt while he was protesting a police-sanctioned crosswalk enforcement event. Hunt was found guilty in Boulder City Municipal Court and then appealed his case in District Court. Judge Richard Scotti dismissed the charges against him and found the city guilty of vindictive prosecution.

In its appeal, the city requested that the Nevada Supreme Court grant a new District Court trial and have Scotti’s dismissal order and ruling vacated.

Attorney Stephen Stubbs, Hunt’s attorney, filed his answer to the city’s appeal Tuesday, Aug. 20. In it he said the District Court has the full authority to dismiss Hunt’s case for vindictive prosecution and to dismiss the obstruction charge against him in the pretrial proceedings.

When the city filed in the case in June, Morris said it was paying its defense firm, Marquis Aurbach Coffing, $200 per hour and had spent $1,400 so far.

Additionally, Stubbs filed a motion to disqualify that firm from the case because it has already represented Boulder City Municipal Judge Victor Miller in this matter.

The Nevada Supreme Court has yet to file its response to these motions.

Stubb's answer to court by Boulder City Review on Scribd

Motion to Dismiss by Boulder City Review on Scribd

Ex-candidate demands jury trial

Former City Council candidate Brent Foutz is demanding a jury trial for his appeal of Boulder City Municipal Court charges stemming from an incident last year.

On Aug. 9, Foutz, who is representing himself, filed his jury demand in Nevada’s Eighth District Court. His next hearing is scheduled for Sept. 5 before Judge Richard Scotti.

On July 18, Judge Pro-Tem Margaret Whitaker found Foutz guilty of trespassing, not amounting to burglary, and resisting a public officer for a December incident in which he refused to leave the Southern Nevada State Veterans Home, 100 Veterans Memorial Drive, after being told he had trespassed and must leave. Whitaker fined him $500 for each charge and sentenced him to seven days in jail with credit for time served.

Foutz filed his appeal in District Court on July 29.

Excessive heat warning issued

An excessive heat warning for the area has been issued by the National Weather Service. The warning began Tuesday and continues through 8 p.m. today.

According to the weather service, temperatures in the area will range between 108 and 113 today. The lower Colorado River valley and Death Valley National Park should see temperatures between 113 to 121.

The high temperatures could cause heat-related illnesses such as heat exhaustion and heat stroke. Those who spend a lot of time outdoors, those without air conditioning, young children, elderly people and those with chronic ailments are most susceptible.

People are advised to limit their time outdoors, reschedule strenuous activities to early morning or evening, wear lightweight and loose clothing and drink plenty of water.

Park Service seeks comments about road repair plan

The National Park Service is seeking public comments as part of its environmental assessment to improve a portion of Willow Beach Road that is within a wash and prone to repeat flash flooding.

In cooperation with the Federal Highway Administration, the Park Service is proposing to repair the deteriorated road, which has reached the end of its life. The plan calls to create a safe and sustainable route that is resilient to flood damage and cost effective to maintain.

The road takes people to the Willow Beach marina from U.S. Highway 93.

Comments regarding the proposal will be accepted through Sept. 19. They can be submitted by mail to Lake Mead National Recreation Area, ATTN: Planning and Compliance Office, 601 Nevada Way, Boulder City, NV 89005 or online at http://parkplanning.nps.gov/LAKE.

After the comments are reviewed, the Park Service will prepare an environmental assessment, which will be available for a 30-day public review.

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