United States Ninth Circuit

In an inverse condemnation action alleging that height and use restrictions constituted takings, judgment for defendants is remanded where, under the Nevada Supreme Court's decision in McCarran Int'l Airport v. Sisolak, 137 P.3d 1110 (Nev. 2006), the height restriction constituted a taking, and a calculation of just compensation was required. The judgment is affirmed where the use restrictions, as applied to the small parcel that was the subject of the suit, did not constitute a taking.

Appellate Information

• Argued 04/16/2007
• Decided 07/23/2007
• Published 07/23/2007

Judges

• Before:  WARREN J. FERGUSON, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kirk Lenhard, Las Vegas, NV, for the appellant/cross-appellee., Paul Ray, Las Vegas, NV, for the appellee/cross-appellant.