Case 2:17-cv-02303-MMD-PAL Document 6 Filed 09/29/17 Page 1 of 7

1 MARY-ANNE MILLER
County Counsel
2 TIMOTHY BALDWIN
Deputy District Attorney
3 Office of the District Attorney
500 S. Grant Central Pkwy., 5th Floor
4 Las Vegas, NV 89106
Phone: (702) 455-4761
5 Email: [email protected]
[email protected]
6
JONATHAN G. HARDIN
7 Perkins Coie LLP
700 13th Street N.W., Suite 600
8 Washington, DC 20005
Phone: (202) 654-6297
9 Email: [email protected]

10 Attorneys for Defendant Clark County

11 UNITED STATES DISTRICT COURT

12 DISTRICT OF NEVADA

13 UNITED STATES OF AMERICA, )

)
14 Plaintiff, ) Case No: 2:17-cv-02303-MMD-PAL
)
15 vs. ) DEFENDANT CLARK COUNTYS
) ANSWER AND AFFIRMATIVE
16 COUNTY OF CLARK and NEVADA ) DEFENSES TO THE COMPLAINT
LINKS, INC., )
17 )
Defendants. )
18
19 ANSWER

20 Defendant Clark County, by and through counsel, in answer to the Complaint filed by

21 Plaintiff, hereby responds as follows:

22 1. Paragraph 1 states a legal conclusion to which no response is required.

23 2. Clark County admits the allegations in the first sentence of Paragraph 2. The

24 remainder of Paragraph 2 states a legal conclusion to which no response is required. Except

25 as expressly admitted, Clark County denies the allegations of Paragraph 2.

26 3. Clark County admits the allegations in the first sentence of Paragraph 3. The

27 second sentence of Paragraph 3 states a legal conclusion to which no response is required.

28 The third sentence of Paragraph 3 references a document, which speaks for itself. Clark

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1 County denies the allegations in the fourth sentence of Paragraph 3. Except as expressly
2 admitted, Clark County denies the allegations of Paragraph 3.
3 4. Clark County denies the allegations of Paragraph 4.
4 Venue
5 5. Paragraph 5 states a legal conclusion to which no response is required.
6 6. Paragraph 6 states a legal conclusion to which no response is required.
7 Parties
8 7. Clark County admits the allegations in the first sentence of Paragraph 7. The
9 second sentence of Paragraph 7 states a legal conclusion to which no response is required.
10 8. Clark County admits the allegations of Paragraph 8.
11 The Southern Nevada Public Land Management Act
12 9. Clark County admits that in 1999 it accepted title to approximately 5,000 acres
13 of vacant public land located near McCarran International Airport in Las Vegas, Nevada.
14 Except as expressly admitted, Clark County denies the allegations of Paragraph 9.
15 10. Clark County admits the allegations of Paragraph 10.
16 11. Clark County admits the allegations in the first sentence of Paragraph 11. The
17 second sentence of Paragraph 11 states a legal conclusion to which no response is required.
18 12. Paragraph 12 states a legal conclusion to which no response is required.
19 13. Paragraph 13 states a legal conclusion to which no response is required.
20 14. Paragraph 14 states a legal conclusion to which no response is required.
21 15. Paragraph 15 states a legal conclusion to which no response is required.
22 16. Paragraph 16 states a legal conclusion to which no response is required.
23 17. Clark County admits the allegations of Paragraph 17.
24 The United States Transfer of Section 4(g) Land to the County
25 18. Clark County admits the allegations of Paragraph 18.
26 19. Clark County admits the allegations of Paragraph 19.
27 20. Paragraph 20 references a document, which speaks for itself. Except as
28 expressly admitted, Clark County denies the allegations of Paragraph 20.

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1 21. Paragraph 21 states a legal conclusion to which no response is required.

2 The Memorandum of Agreement
3 22. Clark County admits the allegations of Paragraph 22.
4 23. Paragraph 23 references a document, which speaks for itself. Except as
5 expressly admitted, Clark County denies the allegations of Paragraph 23.
6 24. Paragraph 24 references a document, which speaks for itself. Except as
7 expressly admitted, Clark County denies the allegations of Paragraph 24.
8 The Nevada Links Lease
9 25. Clark County admits the allegations of Paragraph 25.
10 26. Clark County admits the allegations in the first sentence of Paragraph 26. The
11 remainder of Paragraph 26 references a document, which speaks for itself. Except as
12 expressly admitted, Clark County denies the allegations of Paragraph 26.
13 27. Clark County denies the allegations of Paragraph 27.
14 28. Clark County admits the allegations of Paragraph 28.
15 29. Clark County admits that on September 6, 2011, the County and Nevada Links
16 executed a fourth amendment to the Lease, but Clark County denies that the fourth
17 amendment ever went into effect. Except as expressly admitted, Clark County denies the
18 allegations of Paragraph 29.
19 30. Paragraph 30 states a legal conclusion to which no response is required. To
20 the extent a response is required, Clark County denies that the identified excerpts of the
21 referenced document are the only relevant excerpts thereof. Except as expressly admitted,
22 Clark County denies the allegations of Paragraph 30.
23 31. Paragraph 31 references a document, which speaks for itself. Except as
24 expressly admitted, Clark County denies the allegations of Paragraph 31.
25 32. Clark County denies the allegations of Paragraph 32.
26 33. Clark County denies the allegations of Paragraph 33.
27 34. Paragraph 34 references a document, which speaks for itself. Except as
28 expressly admitted, Clark County denies the allegations of Paragraph 34.

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1 35. Paragraph 35 references a document, which speaks for itself. Except as

2 expressly admitted, Clark County denies the allegations of Paragraph 35.
3 36. Paragraph 36 references a document, which speaks for itself. Except as
4 expressly admitted, Clark County denies the allegations of Paragraph 36.
5 37. Clark County admits the allegations in the first sentence of Paragraph 37. The
6 remainder of Paragraph 37 references a document, which speaks for itself. Except as
7 expressly admitted, Clark County denies the allegations of Paragraph 37.
8 38. Paragraph 38 references a document, which speaks for itself. Except as
9 expressly admitted, Clark County denies the allegations of Paragraph 38.
10 39. Paragraph 39 references a document, which speaks for itself. Except as
11 expressly admitted, Clark County denies the allegations of Paragraph 39.
12 40. Paragraph 40 references a document, which speaks for itself. Except as
13 expressly admitted, Clark County denies the allegations of Paragraph 40.
14 41. Clark County denies the allegations in the first sentence of Paragraph 41. The
15 second sentence of Paragraph 41 references a document, which speaks for itself. Clark
16 County admits the third sentence of Paragraph 41. Except as expressly admitted, Clark
17 County denies the allegations of Paragraph 41.
18 42. Clark County denies the allegations of Paragraph 42.
19 Count One
20 43. In response to Paragraph 43, Clark County re-alleges its responses to
21 Paragraphs 1-42.
22 44. Clark County admits the allegations of Paragraph 44.
23 45. Clark County admits the allegations of Paragraph 45.
24 46. Clark County denies the allegations of Paragraph 46.
25 47. Clark County denies the allegations of Paragraph 47.
26 Count Two
27 48. In response to Paragraph 48, Clark County re-alleges its responses to
28 Paragraphs 1-42.

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1 49. The first sentence in Paragraph 49 references a document, which speaks for
2 itself. Clark County denies the remaining allegations of Paragraph 49.
3 50. Clark County denies the allegations of Paragraph 50.
4 51. Clark County denies the allegations of Paragraph 51.
5 52. Clark County denies the allegations of Paragraph 52.
6 Count Three
7 53. In response to Paragraph 53, Clark County re-alleges its responses to
8 Paragraphs 1-42.
9 54. Paragraph 54 states a legal conclusion to which no response is required.
10 55. Paragraph 55 states a legal conclusion to which no response is required.
11 56. Clark County denies the allegations of Paragraph 56.
12 57. Clark County denies the allegations of Paragraph 57.
13 Count Four
14 58. In response to Paragraph 58, Clark County re-alleges its responses to
15 Paragraphs 1-42 and 54-56.
16 59. Clark County denies the allegations of Paragraph 59.
17 60. Paragraph 60 states a legal conclusion to which no response is required.
18 61. Paragraph 61 states a legal conclusion to which no response is required.
19 62. Clark County denies the allegations in the first sentence of Paragraph 62. The
20 second sentence of Paragraph 62 references a document, which speaks for itself. Clark
21 County denies the remaining allegations of Paragraph 62.
22 63. Paragraph 63 states a legal conclusion to which no response is required.
23 Count Five
24 64. In response to Paragraph 64, Clark County re-alleges its responses to
25 Paragraphs 1-42.
26 65. Paragraph 65 references a document, which speaks for itself. Except as
27 expressly admitted, Clark County denies the allegations of Paragraph 65.
28 66. Clark County denies the allegations of Paragraph 66.

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1 67. Paragraph 67 states a legal conclusion to which no response is required.

2 The remainder of the Complaint is a Prayer for Relief. Clark County denies that
3 Plaintiff is entitled to the relief requested or to any other or further relief.
4 To the extent the Complaint contains any other allegations to which Clark County has
5 not already responded, Clark County denies such allegations.
6
7 AFFIRMATIVE DEFENSES
8 Defendant Clark County, by and through counsel, hereby raises the following
9 affirmative defenses in response to the Complaint:
10 First Affirmative Defense
11 Plaintiffs claims are barred by the applicable statute(s) of limitations.
12 Second Affirmative Defense
13 Plaintiff has failed to state a claim upon which relief can be granted.
14 Third Affirmative Defense
15 The fourth amendment to the Lease, upon which Plaintiffs claims rely, never went
16 into effect.
17 Fourth Affirmative Defense
18 Plaintiffs claims are barred by waiver and estoppel.
19
20
21
22
23
24
25
26
27 ///
28 ///

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 Case 2:17-cv-02303-MMD-PAL Document 6 Filed 09/29/17 Page 7 of 7

1 Other Affirmative Defense

2 Clark County reserves the right to assert additional affirmative defenses that may
3 arise as the litigation proceeds.
4 DATED this 29th day of September, 2017.
5 By: /s/ Mary-Anne Miller
MARY-ANNE MILLER
6 County Counsel
TIMOTHY BALDWIN
7 Deputy District Attorney
CIVIL DIVISION
8 State Bar No. 011048
500 S. Grand Central Pkwy. 5th Flr.
9 Las Vegas, Nevada 89155-2215

10 JONATHAN G. HARDIN, pro hac vice pending

Perkins Coie LLP
11 700 13th Street N.S., #600
Washington, DC 20005
12 Attorney for Defendant County of Clark

13 CERTIFICATE OF SERVICE

14 I certify that I am an employee of the Office of the Clark County District Attorney

15 and that on this 29th day of September, 2017, I served a true and correct copy of the

16 foregoing DEFENDANT CLARK COUNTYS ANSWER AND AFFIRMATIVE

17 DEFENSES TO THE COMPLAINT through CM/ECF Electronic Filing system of the

18 United States District Court for the District of Nevada (or, if necessary, by U.S. Mail, first

19 class, postage pre-paid), upon the following:

20 Chad A. Readler Ruth A. Harvey

Acting Assistant Attorney General Michael J. Quinn
21 John R. Kresse
Steven W. Myhre David H. Decelles
22 Acting United States Attorney U.S. Department of Justice, Civil Division
District of Nevada PO Box 875
23 Ben Franklin Station
Troy K. Flake Washington, DC 20044-0875
24 Assistant United States Attorney Email: [email protected]
501 Las Vegas Blvd, South #1100
25 Las Vegas, NV 89101 Attorneys for Plaintiff
Email: [email protected] United States of America
26
27 /s/ Afeni Banks
An Employee of the Clark County District
Attorneys Office Civil Division
28

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