Nye's Lies · Manse Tech · The Lawsuit
The Lawsuit
On August 18, 2026, the Nye County Commission voted 5 to 0 to ban data centers in the Pahrump Valley. Twenty-four days later, the owners of the land picked for the Manse Tech data center sued the county. They want a judge to throw the ban out.
They want no money. They want a do-over.
Who is suing
The case has two names on it: CDDC LLC and 9 of a Kind LLC. Together they own 910 acres near Carpenter Canyon Road and Highway 160. The lawsuit names no owners. We did that in Part 1 and Part 2.
Their lawyers are Mark Ferrario and Steve Shevorski of Greenberg Traurig, a national law firm with a Las Vegas office.
District Attorney Brian Kunzi's office defends the county. The case, CV26-0498, was filed September 11 in district court in Pahrump.
What they want
The companies ask the judge for four things. Cancel the ban, known as Ordinance 631. Let them build under the deal they sent the county. Or, if not that, rule that the county's "SP" zoning label is so vague it means nothing. And make the county pay their lawyer bills.
What they claim
First, the county led them on. The lawsuit says they spent "millions of dollars" on engineering. The county took their fee on June 16 and sent comments on their plan on August 13. Then it banned them.
Second, the county changed the rules at the last minute.
The draft ban covered towns without an elected town board. On August 18, commissioners changed it to cover all of Water Basin 162, the Pahrump Valley's underground water supply. The companies say that needed notice first.
Third, the ban is unfair. The lawsuit says the board approved a July 7 deal for what it calls a "Tonopah data center." The agenda lists it as Sarcobatus Solar, near Beatty. It sits outside the Pahrump basin, so the ban skips it.
Fourth, the August 4 vote was messy. A motion to pass the ban died that day. The board then voted 5 to 0 to send the question to voters. Two weeks later, it passed the ban anyway.
Where the case is weak
The biggest problem is in the lawsuit itself. Nothing was ever approved.
Under Nevada law, a development deal only counts when commissioners "approve the agreement by ordinance." That never happened. The county took a fee. Staff wrote a report. Departments sent comments. Those are steps every applicant goes through. None of them is a yes.
The land was not zoned for a data center. The companies had to ask for a plan change and a rezoning on every parcel. The lawsuit admits that two parcels are marked for homes, called Rural Density Residential, in the county's own plan.
The unfairness claim has a hole too. The ban covers one water basin, and water is the obvious reason. The lawsuit never mentions water.
So a win means the ban goes away, maybe for a while. The project is still not approved, and commissioners can still say no.
Why file now
The clock forced it. Under NRS 278.0235, anyone fighting a final county decision on land use has 25 days to go to court. The companies filed on day 24. They also cite NRS 278.3195, the law for appealing land use decisions.
The judge swap
The case first went to Judge Robert W. Lane of Department 2. On September 21, the companies paid $450 to remove him.
Nevada court rules let each side do that once, with no reason given, under Supreme Court Rule 48.1. Pahrump has two district court departments. Striking one judge picks the other.
On September 22, the case went to Judge Kimberley A. Wanker of Department 1. It is now case CV26-0498A.
Both judges are on the ballot this November. The county has not used its own challenge yet.
Where the lawsuit starts: 2023
The lawsuit tells its story starting with the county's 2023 master plan update. Here is who made it.
The Regional Planning Commission recommended the plan on May 10, 2023. Its members were Walt Turner, Robert Blackstock, Beth Lee, Gina Meredith, John Koenig, Debra Hayden and Pamela Tyler. Planning Director Brett Waggoner and planner Qiana Medici ran the work.
The County Commission adopted it on July 18, 2023, by a 5 to 0 vote. The board was Chair Bruce Jabbour, Vice Chair Debra Strickland, Donna Cox, Frank Carbone and Ron Boskovich. County Manager Tim Sutton ran the county. Since 2018, he had also served as manager of the Town of Pahrump.
That 2023 plan is the one that marked two of CDDC's parcels for rural homes. The lawsuit leans on a plan that did not call for a data center.
The paper trail does not start in 2023. County records show 9 of a Kind bought its first parcels here in August 2024. Par Valley Holdings, the Canarelli company that later passed land to CDDC, was formed on October 31, 2024. The data center did not come up at a county meeting until May 2026.
2024 and 2025: new faces
In August 2024, Tim Sutton announced he was leaving as county manager to open his own law and consulting firm. His last day was September 13, 2024.
That November, voters reshaped the board. Bruce Jabbour won again. John Koenig, a former commissioner who sat on the 2023 planning board, replaced Frank Carbone. Ian Bayne replaced Donna Cox.
On January 6, 2025, the new board was sworn in. Ron Boskovich became chair. Debra Strickland stayed vice chair. The same day, the board hired Brett Waggoner as county manager. He had run the 2023 plan as planning director.
2026: how it played out
- May 29: The companies send the county their development deal, the lawsuit says.
- June 2: The board pauses new data center applications.
- June 10: The planning board takes up the rezoning. Staff recommend approval. Russ Meads of Double M, the applicant, says "Adaven is not associated with this project."
- July 7: The ban, Bill 2026-11, is first put on the agenda.
- August 4: A motion to pass the ban dies. Bayne says a ban is the only way to stop data centers "until the new board is sworn in."
- August 18: The board passes the ban, 5 to 0.
- September 11: The companies sue.
- September 21 and 22: Judge Lane is removed. Judge Wanker gets the case.
2026: the people change again
In the June primary, Chair Boskovich lost to Debra Thomas, who faces Anthony Greco in November. Vice Chair Strickland finished with 13 percent. Matt Sadler won that race and faces Chris Lally. Two of the five seats will have new people in January.
The planning board changed too. On June 16, the commission voted 5 to 0 to name Beth Borysewich, Danielle Kruse and Christina Prange-Lally to it, starting July 1. Only Pamela Tyler is still there from the 2023 board that recommended the plan. Steve Osborne is now planning director.
Tim Sutton, the county and town manager in 2023, showed up this August as a consultant for the Manse team.
What happens next
The county can argue that passing a law is not the kind of decision this case type can review. It can vote again to fix the notice. It can still use its own judge challenge, but only before the judge rules on anything.
Bayne said the ban was needed until the new board takes over. The developers may be waiting for that same board.
Every underlined name, law and date in this story links to the public record behind it. Court filings are at the Fifth Judicial District Court in Pahrump, case CV26-0498A.
Thank you to the citizen that gave us a copy of the lawsuit.
