FY2016 CCDOA Financial Report as of 6302016.pdf - page 122

CLARK COUNTY DEPARTMENT OF AVIATION
CLARK COUNTY, NEVADA
Notes to Financial Statements
For the Fiscal Years Ended June 30, 2016 and 2015
109
(c) Litigation and Claims
General Litigation
The following discussion relates to litigation against the County that pertains to the
Department. There is no controversy of any nature now pending against the Department or
the County or, to the knowledge of its respective officers, threatened, seeking to restrain or
enjoin the ability to offer notes or bonds or in any way contesting or affecting the validity of
existing notes or bonds, nor are there any proceedings against the County with respect to
existing notes or bonds.
Resolved Inverse Condemnation Litigation
The County is a party to actions concerning Airport System operations in which inverse
condemnation damages and other damages are being sought against the County. Although
the facts and circumstances of each case differ, the County believes the ultimate outcomes
of all cases summarized below will be affected by the decision rendered by the Nevada
Supreme Court in
McCarran Int'l Airport v. Sisolak
, 122 Nev. 645, 137 P.3d 1110 (2006), affirming
Sisolak v. McCarran Int'l Airport and Clark County
, Clark County Eighth Judicial District Case No.
A-434337.
In
Sisolak
, the District Court found for the plaintiff’s inverse condemnation claim, holding that a
"per se taking" had occurred as a result of the County’s enactment of airport height zoning
ordinances. On appeal, the Nevada Supreme Court, on July 13, 2006, affirmed the District
Court’s ruling that a "per se taking" had occurred as a result of the County’s airport height
zoning ordinance. The County petitioned the U.S. Supreme Court for a writ of certiorari based
on federal law, but the petition was denied. 459 U.S. 1206 (2007).
Sisolak
is currently the
controlling law in Nevada.
The County also believes that the ultimate outcomes of all cases summarized below will be
affected by the Nevada Supreme Court’s 2010 rulings on the statute of limitations in
David
Johnson, Trustee of the Joseph W. Huntsman 1983 Trust v. McCarran Int'l Airport and Clark
County
and
70 Limited Partnership, Tertia Dvorchak as Special Administratrix of the Estate of
Thomas T. Beam, Deceased v. McCarran Int'l Airport and Clark County
, discussed below.
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