that the redevelopment agency broke state laws. The Tuscany project had been approved for redevelopment funds because a portion of the property was classified as an abandoned mine. However, aerial photographs showed that little had remained of the gravel pit, as Rhodes had cleared most of it out. City officials stated that the site still qualified as a blight. Henderson mayor James B. Gibson said, "It has to be a priority of the city to reclaim that land and a lot of the surrounding land and it's no easy task given the industrial uses that were prevalent on much of that area." Managing partners at Commerce Associates stated that Hantges' lawsuit was part of an effort to force a settlement in an unrelated racketeering suit that the company had filed against him. The city requested that the suit be dismissed, and a district judge later ruled against Hantges, stating that his lawsuit was filed nearly a year after a 90-day deadline for such action. Hantges had also been concerned about a conflict of interest regarding the redevelopment agency, although the Supreme Court of Nevada ruled against him as well, stating that there was no such issue as the board members recused themselves from discussions and voting. The United States Environmental Protection Agency evaluated nearly of evaporation ponds, located west of Tuscany. The agency concluded that there was no risk posed by the former ponds, which had previously been used to dispose of chemical wastewater. However, there was concern about a nearby Good Humor-Breyers ice cream factory, which used ammonia as a coolant. More than of the chemical were stored at the facility. In the event of an accidental ammonia leak, a toxic plume would extend up to , well within range of Tuscany. Studies were taken in 2003 to determine whether the Tuscany plans would need to be altered to avoid a health hazard. City officials said they had not previously considered conducting such studies. Because the site used to be a gravel pit, much of Tuscany was built at least below street level, a fact that would work in favor of the community in the event of an ammonia leak, as the chemical would rise into the air. A final report in 2003 found that Tuscany would not need to be altered because of the ammonia threat, allowing the project to proceed. The Tuscany golf course contains . Because