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Sean Whaley
 

Stratosphere Again Denied OK to Build Thrill Ride

7 September 2004

CARSON CITY -- A state Supreme Court panel on Friday upheld a lower court decision rejecting an effort by the Stratosphere to build a thrill ride on its Las Vegas gaming property.

The case was filed after the Las Vegas City Council voted 6-0 in 2002 to deny a site review plan for the 510-foot, 93 mph roller coaster-type attraction.

The City Council rejected the ride after neighborhood residents objected.

Residents testified that building a roller coaster that would have dropped tourists from the hotel's tower and launched them across Las Vegas Boulevard to a 325-foot tower on the east side of the street would discourage new residents from moving in and contributing to the revitalization under way.

Stratosphere experts said the ride would generate little noise and would not disrupt traffic along Las Vegas Boulevard.

But the council said the project would be unsightly and incompatible with the surrounding neighborhoods.

The Stratosphere Gaming Corp. then filed a lawsuit in Clark County District Court, seeking to overturn the decision. The request was denied and Stratosphere appealed to the Supreme Court.

In its appeal, Stratosphere officials said the lower court erred because the company had a vested right to build the ride since it is allowed with the existing zoning.

The court found the Stratosphere had no such vested right.

The court also found the City Council had a valid basis to reject the project.