This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Eminent Domain
Inverse Condemnation/Pre-condemnation Damages

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

William L. Coulthard

John Peter Lee

Eric M. Pepperman


Defendant

Brian R. Hardy

Jack C. Juan


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


#111300

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390