GOIN MY WAY, starring Bing Crosby, was the top-grossing movie in 1944 when the Huntridge Theater opened in downtown Las Vegas. However, the owner of the theatre that is currently being renovated into an entertainment complex on its two-acre lot says Crown Castle wants to have it their way and will not relocate their 1997 monopole elsewhere on the property, impeding the project’s success. Brass Monkey LLC filed a lawsuit alleging that the cell tower was erected without getting a NEMA review, which would have been required since the theatre is listed on the National Historic Registry since 1993.
A lawsuit filed on September 20, 2024, in the Eighth Judicial District Court of Clark County, Nevada, by Brass Monkey, LLC, the owner of the 80-year-old Huntridge Theater, against Crown Castle Inc. and AT&T Wireless Services threatens to delay the long-anticipated renovation of the historic landmark in downtown Las Vegas.
When the Huntridge Theater, designed by famed motion picture theater architect S. Charles Lee, opened on October 10, 1944, E. Charleston Blvd. was a two-lane road with no traffic lights and a busy thoroughfare that saw perhaps a dozen vehicles in a half-mile’s distance. Historians have questioned how the developers of the 950-seat theatre could get approval to obtain concrete and plywood during World War ll rationing. Materials and design approvals aren’t a problem for the new theater owner who wants to turn it into an entertainment complex. In a lawsuit, he says Crown Castle’s tower unduly prevents construction.
The lawsuit alleges that a cell tower at the back wall of the theater off of East Charleston Blvd., owned by Crown Castle with AT&T as its sole tenant, has become a “nuisance” and that the companies are acting in bad faith by refusing to relocate it on the property.
Brass Monkey, led by J Dapper, seeks immediate tower relocation to proceed with redevelopment plans. The legal action also claims that required environmental assessments were not conducted for the tower located on a National Historic Registry site.
The 55-foot monopole, constructed in 1997, was terminated from FCC registration in 2006 when deemed unnecessary, as it passed the Federal Aviation Administration’s (FAA) and Federal Communications Commission’s (FCC) slope and height requirements.
However, the lawsuit alleges that Crown Castle and AT&T failed to comply with federal regulations, such as the National Environmental Policy Act (NEPA), which assesses potential environmental impacts on historical sites like the Huntridge, listed on the National Register of Historic Places since 1993, predating the September 9, 1996 lease with then Cingular Wireless for approximately 1,200 square feet at the rear of the theatre situated on a two-acre lot.
In 2004, Cingular acquired AT&T Wireless. In 2006, AT&T and Bellsouth merged, consolidating ownership of the Cingular Brand under AT&T.
In 2013, Crown Castle purchased AT&T’s 9,700 towers.
Negotiations between Brass Monkey and Crown Castle were unsuccessful, especially after Crown Castle reportedly demanded $500,000 to relocate the tower. The current lease is valid for another two years.
Brass Monkey found that Crown Castle had never filed the environmental assessment required for cell towers on historic property. The lawsuit alleges that Crown Castle claimed they have an exemption but “have not made clear what statute or regulation that exemption is based in.”
When Cingular registered the tower, on the application, a question was asked whether a National Environmental Policy Act (NEPA) review was required. The carrier said: “No.”
The NEPA question determines whether the project might have significant environmental impacts on protected lands, endangered species, or historic sites. If “Yes” is checked, further environmental review may be required before FCC approval.
According to KTNV 13, Dapper said the lawsuit was necessary to prevent further harm to the property and put the renovation back on track. Crown Castle said it was reviewing the lawsuit and would seek a solution.
The Huntridge Theater opened in 1944 and is one of the city’s most iconic historic landmarks. Its 75-foot-tall tower catches the eyes of passersby and was the tallest sign in Las Vegas at the time. Atop the fluted tower is a neon sign that reads “Huntridge.”
Originally a movie house, it transitioned into a performance venue, hosting concerts by notable bands such as The Killers, Smashing Pumpkins, and Red Hot Chili Peppers. It closed in 2004 due to financial struggles, and since then, it has been the focus of multiple restoration efforts to revive its former glory.
During its early years, actress Loretta Young and her husband, producer Tom Lewis, co-owned the theater. They were part of a group of Hollywood investors involved in the theater’s development.
Dapper purchased the theatre in 2021 for $4 million.
The planned renovation of the Huntridge Theater will transform the historic venue into a modern performance arts center while preserving its architectural heritage. The redevelopment includes a new performance space operated by SoHo Playhouse, with plans to host live music, theater productions, and other entertainment events.
A-24-902280-C | Brass Monkey, LLC, Plaintiff(s) vs. Crown Castle Inc., Defendant(s)
