Nancy Lord, attorney for the Concerned Citizens for a Safe Community, touted a victory in court, despite a rejection by a federal judge last week of a request for a preliminary injunction to stop the proposed federal detention center in Pahrump.

Her claims of victory however are disputed by the Nye County district attorney's office.

In another development, the Office of the Federal Detention Trustee confirmed this week the 15-month period to construct the detention center hasn't even begun yet, as the notice to proceed still hasn't been issued.

Pahrump Senior Building Inspector Brent Steed said the general contractor, DCK Pacific, picked up a temporary use permit Tuesday to put up a doublewide and a triplewide construction trailer on the site at 2250 E. Mesquite Ave.

Lord filed a second amended complaint for an injunction to stop the project, naming the Office of the Federal Detention Trustee as a defendant as well as Correction Corporation of America and Nye County commissioners. She claimed federal judge Kent Dawson was "very sympathetic" to their case last week and gave them time to collect data.

Nye County Chief Civil Deputy District Attorney Ron Kent said he normally doesn't comment on pending litigation but said he would seek to try to present the facts.

"As CCSC's attorney knows, Judge Dawson has not set a hearing date on a motion to dismiss CCSC's case. The Jan. 21 hearing was scheduled solely for the purpose of considering CCSC's request for the judge to issue a preliminary injunction.

"Judge Dawson denied the request for issuance of a preliminary injunction for all the same reasons he denied CCSC's request for a temporary protective order after the Dec. 23, 2008, hearing."

Kent said the request was denied for the group's failure to meet their burden of proof with credible, admissible evidence. He added, "Judge Dawson specifically characterized CCSC's evidence as political opinion and anecdotal commmentary."

The concerned citizens are attempting to recruit an expert to provide proof the environmental impact statement was flawed in underestimating the number of desert tortoises. Lord said that could include paying perhaps $5,000 to a college professor.

"The judge made it very clear to me if we had a study we would've had a real shot at it," Lord said. "What we're going to need to do is get an expert."

Kent differed in his interpretation of the judge's remarks.

"Judge Dawson has made no statement, nor offered an opinion on the merits of CCSC's case. In explaining the law to CCSC's attorney, Judge Dawson did state the CCSC must meet their burden of proof in challenging the environmental impact statement with expert testimony rather than political opinion and anecdotal commentary," Kent said.

Lord's complaint claims residents spotted more desert tortoises than was noted in the EIS. She also wants the tortoises counted in the warmer season when they are more active.

"When they begin construction we could have somebody there to make sure they don't kill any turtles," Lord said.

Lord also claims the notice in the Federal Register of the availability of the EIS states it was for a "Las Vegas detention facility."

Lord said of the judge: "I think he's particularly interested in that argument about the Federal Register."

The complaint also alleges opponents were put in a back room of the Bob Ruud Community Center during the public hearing on the development agreement Dec. 16 while employees of two local businesses and senior citizens were offered a free lunch for residents wearing "yes" buttons who were seated at the front of the main room.

Kent replied, "I was told because of prior public interest in the detention center project, an adjoining room to the main public hearing hall was provided with seating and audio/video capabilities. As always, seating was made available on a first come, first seated basis. A lengthy period of time was allotted for public comment with proponents and opponents having an opportunity to speak. This included anyone in the adjoining room."

Lord said she can now ask for correspondence between CCA, county commissioners and the Office of the Federal Detention Trustee, which will be subpoenaed to appear.

While Lord said the case is now "wide open," Kent countered, "I would anticipate a hearing on a motion to dismiss CCSC's complaint will be forthcoming in the near future."

Lord said the judge "absolutely rejected their argument there was no federal jurisdiction" in the case.

Kent replied, "Judge Dawson specifically stated that he is not taking a position on the jurisdictional issue at this time." But Kent said the judge told CCSC if they intended to challenge the EIS they would need to address the Office of the Federal Detention Trustee.

Louise Grant, CCA vice-president of marketing and communications, said after the hearing, "We anticipated that would be the judge's ruling so we are gratified by that. We are certainly more optimistic, and we're eager to remain on course."

Grant couldn't provide details on their construction schedule, only confirm CCA was "staging the site." She said CCA is continuing to talk to its legal counsel and its customer, the federal detention trustee.

When asked if the Office of the Federal Detention Trustee is granting more time for CCA to build the project in light of the legal delays, Grant said there's mutual interest between the two parties to ensure CCA is doing everything to follow the process.

Scott Stermer, assistant trustee for the procurement division for the Office of the Federal Detention Trustee, said the project is being held up by the change in the Obama administration not the legal case. The contract amount has been authorized to build the facility, but Stermer said the federal budget needs to be finalized for upcoming years when the detention center will be operational.

"Our delay in issuing the notice (to proceed) is not connected to the court case or anything CCA needs to do," Stermer said.

The federal government is now tied up debating Obama's proposed $800 billion economic recovery package. Stermer said his office is arguing the federal detention center project could qualify for funding under that plan.

"We're arguing it's one of those 'shovel-ready' projects. We could get it started tomorrow," Stermer said.

"There's a certain amount of money in case we have to cancel. We would owe something to the contractor if we did not go forward."

But he added, "I do think the project will go, I just don't have the timing on it." He expects the construction could begin soon.