5th & Centennial LLC, a Nevada limited liability company, 5th & Centennial II LLC, a Nevada limited liability company, 5th & Centennial III LLC, a Nevada limited liability company, All for One Family Trust, Brian A. Lee and Julie A. Lee, trustees for All for One Family Trust, Brian A. Lee and Julie A. Lee v. City of North Las Vegas
Published: Mar. 24, 2012 | Result Date: May 18, 2011 | Filing Date: Jan. 1, 1900 |Case number: A609283 Bench Verdict – $4,250,000
Court
Clark County District, Nevada
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alan N. Nevin
(technical)
Jim C. Lee
(technical)
George Garcia
(technical)
Shelli Lowe
(technical)
Defendant
Charles E. Jack
(technical)
Facts
5th & Centennial LLC and other plaintiffs owned 20 acres of property in North Las Vegas.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the City adopted a regional super arterial project, which resulted in the taking of 50 to 80 foot wide strips of plaintiffs' property. The City's project severely limited access to the site and negatively impacted visibility of the site. The City also planned a possible condemnation of a 5 acre parcel of the property for an offset bridge and condemned another parcel as a park-and-ride facility. The plaintiffs filed suit alleging the value of the property had been negatively impacted by the Project, and that the City wrongfully took a portion of landowner's property for which an award of inverse condemnation damages was appropriate.
DEFENDANT'S CONTENTIONS:
Defendant denied a taking occurred. Plaintiffs' allegations were based on conceptual plans of development that might or might not occur.
Result
The court awarded the plaintiffs $4,250,000 in pre-condemnation damages. The inverse condemnation action was dismissed without prejudice as the claim was not "ripe." Plaintiffs were awarded an additional $1,062,500 in attorney fees; $109,577 in costs; and $357,611 in prejudgment interest. The total Judgment in the amount of $5,779,688 was entered in favor of plaintiffs.
Other Information
Defendant filed a Notice of Appeal on June 7, 2011. Plaintiffs filed a Cross-Appeal on June 20, 2011, only as to the Court's decision dismissing plaintiffs' inverse condemnation claim.
Length
eight days
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