Ellis Island in Las Vegas suffered a setback in its lawsuit against F1 on Thursday when the racing giant won three dismissals from a Clark County judge.
The off-Strip casino hotel’s lawsuit, filed April 30 in Clark County District Court, seeks restitution for the millions in lost revenue it claims to have incurred when construction for last year’s inaugural Las Vegas Grand Prix race restricted customer access to its property.
Judge Joanna Kishner dismissed three of the suit’s eight claims that were objected to by attorneys representing F1 and Clark County. They argued that the claims were “not compensable” under Nevada’s constitution. Judge Kishner also dismissed another unspecified claim.
Attorneys for Ellis Island alleged that F1, with Clark County’s blessing, intentionally obstructed access to its property, which is located directly north of F1’s paddock complex on Koval Lane.
An attorney for Clark County countered that Nevada law prohibits only “total obstruction,” which the complaint did not demonstrate. So Judge Kishner ordered Ellis Island to provide more detail in its complaint for it to proceed.
The attorneys agreed to confer and submit deadline dates to the court to hear an amended complaint.
Smaller Claims
Also this week, attorneys for other businesses impacted by last year’s race preparation finally filed the lawsuit they had been threatening F1 and Clark County with for months.
The suit, filed on Tuesday in Clark County District Court, is by fewer litigants and for much less money than had been anticipated.
Of the seven independent businesses who in January asked the Las Vegas Convention and Visitors Authority to compensate them for $23 million in damages — a request that went ignored — only Battista’s Hole in the Wall Italian Restaurant and the slots-only Stage Door Casino joined the lawsuit, which seeks only “over $50,000.”
“Unfortunately, Las Vegas Grand Prix and Clark County gave Battista’s Hole in the Wall and Stage Door Casino no choice but to litigate,” read a statement from Lisa Mayo-DeRiso, spokesperson for the businesses claiming F1 construction losses. “For months, they sought a fair and just solution to this devastating issue, however, to no avail. Repeated assurances of a resolution never materialized.
“They have no choice but to ask an impartial third party to remedy their financial losses and to prevent their businesses from going under because of F1.”
This was also the week that F1 began transforming the Las Vegas Strip into a racetrack for the second time, promising less disruption via nighttime work and other concessions detailed by Vital Vegas.
The Las Vegas Grand Prix is scheduled to take place November 21-23.
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