ROBERT W. LUECK, LTD.
Attorney and Counselor at Law
528 South Casino Center
Blvd., #311
Las Vegas, Nevada 89101
March 4, 2008
Dear Ms. Gill:
I
represent James C. Barrier dba Allstate Auto. Your letter of March 3,
2008 regarding the parking spaces at this location has been referred to
me for a response.
The
court order you referred to was in effect while the Crazy Horse Too was
in full operation and was located next to Allstate Auto. It was one of
the orders issued in the dispute between them in their civil dispute in
the Eighth Judicial District Court.
That
order is no longer in effect since the Crazy Horse Too has ceased doing
business as a result of the federal court proceedings. This order was
done to control the conflict between them in their civil litigation.
During their dispute, representatives of the Crazy Horse had a number
of cars belonging to customers of Allstate Auto towed away. Several
small claims were filed for these illegal tows and THE CRAZY HORSE TOO
LOST EVERY SINGLE ONE OF THOSE CASES (emphasis added).
Under
the lease agreement that Mr. Barrier had with the original owner, Jim
Schiff, Allstate had the right to use considerably more than seven
spaces for its business. He can use the spaces along side his building
and in back of the building by his garage. I am enclosing the relevant
section of Mr. Barrier's lease, section 8, page 2, that governs the
landlord tenant relationship. That lease was entered into in July 1988
and has 20 one year options to extend the lease.
As for
the front of the business, he uses the parking spaces directly in front
and up to the front door entrance to the Crazy Horse. Since I represent
Mr. Barrier and my own vehicles are repaired there, I often go to his
shop. He has his customer cars within those areas. There are literally
dozens of parking spaces in front of the Crazy Horse and all of those
spaces are usually empty. There are a couple of small businesses at the
north end of that building but there are only three to six cars or so
by those stores.
It is
very curious as to who placed "several calls concerning the number of
vehicles parked in the Crazy Horse parking spaces" to your office. We
are also very curious as to why this is even a problem since that
business is closed down and has no customers. So what is the problem
here? We don't see any problem.
So, who
is calling and why? Why would someone give you a court order that has
become moot and of no consequence? We suspect it comes from the Rizzolo
family or its attorneys who still want to harass Mr. Barrier. If so, we
understand the source and give it no credibility. Furthermore, there is
no reason why your office should be involved in carrying out the
requests of convicted criminals who no longer own the property or
operate a business there.
It is
Mr. Barrier who worked for many years to provide information to federal
and state law enforcement officials regarding the Crazy Horse and who
has fully cooperated with the U.S. Marshal's office after the Crazy
Horse was closed down.
The
actual lease provision allows Allstate Auto to use the non-exclusive
common area parking spaces as needed for his business. Thus, there is
no problem and no reason why your office need concern itself with this
"non-problem." Mr. Barrier is entitled to carry on his business without
interference from any source.
I trust
this will end the dispute. The court order you are referring to is no
longer worth the paper it is printed on. Furthermore, I don't think the
U.S. Marshal's office wants to do anything that will bring
embarrassment to itself. You folks have plenty of real problems and
real cases to deal with and this isn't one of them.
Sincerely yours,
ROBERT W. LUECK, ESQ.
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