Vacation Village, Inc. v. Clark County, Nevada

Appellees, the owners of real property near McCarran International Airport in Las Vegas, Nevada, brought an inverse condemnation action against Clark County (County) alleging that the Countys Ordinances 1221 and 1198, which impose, respectively, height and use restrictions, constitute takings under the Nevada Constitution. We hold that our review of Ordinance 1221 is limited by the Nevada Supreme Courts decision in McCarran Intl Airport v. Sisolak, 137 P.3d 1110 (Nev. 2006) construing Nevada state law, and, accordingly, find that Ordinance 1221, as applied to Appellees property, amounts to a taking. We remand for a calculation of just compensation in light of Sisolak. We affirm the district courts decision that Ordinance 1198 did not effect a taking of Appellees property.