Creekside Holdings has held a lease and purchase option on the shuttered Roadhouse, but it is locked in a separate dispute with McMackin over a breach of the lease. That conflict is set to go to trial in District Court in early September.

Barker decided that Creekside did not have standing to appeal the council's action because it did not formally appeal the Henderson Planning Commission decision that denied the permit extension, which the council upheld. "This Court ... holds that Creekside failed to properly preserve their right to appeal to this Court by neglecting to lodge their own appeal before the City Council."

The Soboba tribe has owned and run the Soboba Casino on its reservation near Hemet, Calif., since 1995. Neither its tribal administrator nor casino manager returned telephone calls requesting comment.

Ham said he does not legally represent the tribe, but Creekside and the tribe have a "united interest" in the future of the Roadhouse, which is located near the northeast corner of Boulder Highway and Sunset Road.

Ham and Ron Sailon, assistant city attorney for Henderson, both said that the Sobobas have requested a meeting with Henderson planning officials to discuss the tribe's ideas for developing the Roadhouse site.