LAS VEGAS-The distinctive, two-tower Pinnacle Las Vegas condominium-hotel project long planned for Tropicana Avenue west of the Strip may be losing some buyers. On behalf of Florida-based Green Cable LLC and 250 other buyers who each put down a 10% deposit for a unit in the project under contracts with addendums that included certain performance targets for each side, local attorney Samuel A. Schwartz has filed a would-be class-action complaint in the US District Court of Nevada that claims breach of contract and seeks upward of $5 million in returned deposits, damages and attorney fees.

“I believe Pinnacle is a great project and would like to see it built,” Schwartz tells GlobeSt.com. “But the construction delays have led to a feeling in most of us that we have waited long enough and there are better uses for our money. We are seeking the return of our deposits and the opportunity loss associated with the anticipated failure of the project.”

The attorney representing the defendants–Pinnacle Las Vegas LLC, 4645 Tropicana Partners LLC, Falconi Group, Dick Pacific Construction Co., Elysium Enterprises Inc. and Praxis Resources–says the complaint is baseless. “Generally my clients do not comment on litigation when it is pending; however, we have done a review of this and do not think it has any merit,” attorney Cynthia LeVasseur tells GlobeSt.com. “We will be filing a motion to dismiss the action with the court this week.”

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