Vacation Village, Inc. v. Clark County

MEMORANDUM *

*787 In an opinion filed concurrently, we hold that under McCarran International Airport v. Sisolak, 137 P.3d 1110 (Nev.2006), Ordinance 1221 constituted a regulatory per se taking under the Nevada Constitution, remand for determination of just compensation in light of Sisolak , and affirm Judge Jones’s decision that Ordinance 1198, as applied to the Landowners’ property, did not amount to a taking. In the following memorandum disposition, we review the parties’ remaining arguments on appeal. We affirm in part, reverse in part, and remand for further proceedings consistent with this disposition. As the parties are familiar with the extensive factual record in this case, we do not recite it here.

DISCUSSION

A. Attorneys and Appraisal Fees

We apply N.R.S. § 342.105(1) and the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (“Relocation Act”) and affirm the attorneys and appraisal fee awards as not clearly erroneous.

1. Relocation Act

Under N.R.S. § 342.105(1), Nevada state agencies subject to the Relocation Act must pay costs and expenses consistent with the Relocation Act and the regulations promulgated thereunder. The Relocation…