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Issue of
February 16, 2000


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Lawsuit renews questions about who owns Reno’s streets

Thanks to an obscure 1868 land transaction, Stanford and the University of California system might own Reno's downtown streets -- much to their surprise.

"I haven't heard of a case like this before," Debra Zumwalt, Stanford's acting general counsel, said in a telephone interview Feb. 15. "But we were brought into the suit and we have a fiduciary duty to the trust to look out for assets and look out for our position."

Washoe District Court Judge Steven Kosach is expected to rule soon on a lawsuit between the city and local casinos. In the past, the city has charged casinos rent for the skywalks they built over downtown streets.

But Harrah's Reno and the Flamingo Hilton casinos stopped making lease payments to the city and put the rental fees into an escrow account when questions were raised about who actually owns the so-called air rights above the streets.

At some point in the legal wrangling, the question of ownership was linked to a decision made in 1868 by San Francisco's "Big Four" businessmen -- Leland Stanford, Mark Hopkins, Charles Crocker and Collis Huntington. They decided to sell the subdivided lots on an 80-acre parcel of land to city dwellers, but apparently kept the streets, a not uncommon practice in the late 19th-century West.

Lawyers for Stanford and the UC system are working cooperatively as they wait for a decision by the judge on pending motions for summary judgment, according to Carol Dillon, Stanford's outside real estate lawyer. The judge could decide in favor of the city, the casinos or the universities.

If ownership were awarded to the universities, the University of California would be entitled to half of the property, that owned by Hopkins and Huntington. Stanford would acquire the one-quarter share owned by Leland Stanford.

"We have an obligation to take this seriously enough not to squander the assets of the university, if that's what they are," Dillon said in a telephone interview.

"But this was not something we solicited," she added. SR