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LAS VEGAS-The local plaintiff in a lawsuit over a would-have-been $1-billion luxury residential-over-retail project will be allowed to amend its complaint, an Eighth District Judicial Court judge decided this week. The decision is a reversal of fortune for the plaintiff, which saw most of its initial claims dismissed in August. The amended complaint will revive the key claims and add new ones, including fraud and negligent misrepresentation, according to court documents reviewed by GlobeSt.com.

The plaintiff is Glen, Smith & Glen Development and the entities it created for the development. The defendant includes Dublin-based Harcourt Development, its principal Patrick Doherty and the subsidiary it created for the development, Harcourt Nevada LLC.Generally speaking, GSG and Harcourt created a development partnership whereby GSG would manage the development and Harcourt would be responsible for providing all the equity needed to finance construction. The lawsuit was filed in April after Harcourt decided not to provide the necessary equity. Some of the plaintiff’s initial claims were dismissed by the judge because of a technicality related to which of the plaintiff’s LLCs involved in the project is the proper plaintiff in the case based on Nevada law.

“We are essentially changing some of the causes of action based on the judge’s prior ruling,” John Manly, the plaintiff’s attorney, told GlobeSt.com the week before the decision. “We’re very confident that eventually this case will get to a jury.”

To read previous stories on the case, click on any of the following headlines:

GSG Seeks Amended Sullivan Square Complaint

Harcourt Moves to Dismiss

Sullivan Square Developer Sues Ireland Partner

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