FY2016 CCDOA Financial Report as of 6302016.pdf - page 123

CLARK COUNTY DEPARTMENT OF AVIATION
CLARK COUNTY, NEVADA
Notes to Financial Statements
For the Fiscal Years Ended June 30, 2016 and 2015
110
In both
Johnson
and
Dvorchak
, the plaintiffs filed complaints alleging that the imposition of
zoning height restrictions over the plaintiffs' properties constituted a "per se taking." The County
successfully filed motions to dismiss each case based upon the statute of limitations. The
Nevada Supreme Court upheld both lower court decisions that per se regulatory takings
claims filed more than 15 years after the adoption of airport-related zoning regulations were
time-barred. In both
Johnson
and
Dvorchak
, all seven Supreme Court justices unanimously
decided in favor of affirmance. In particular, the Nevada Supreme Court found that its
decision in
White Pine Lumber v. City of Reno
, 106 Nev. 778, 801 P.2d 1370 (1990), which
recognized a 15-year limitations period in inverse condemnation cases, was applicable and
that the per se regulatory takings claims accrued upon the adoption of airport-related zoning
regulations.
Because these decisions were decided unanimously by all seven Supreme Court Justices, there
is a strong likelihood that the Nevada Supreme Court would continue to uphold dismissals of
other inverse condemnation airspace takings cases that were filed more than 15 years after
the adoption of Clark County Ordinance 1221 (adopted August 1, 1990), Clark County
Ordinance 1599 (adopted July 6, 1994), or any other airport-related zoning regulation.
Nonetheless, because the orders of affirmance in
Johnson
and
Dvorchak
were not selected for
publication, it must be noted that the orders may not be cited as precedent or legal authority
under Nevada Supreme Court Rule 123, making it impossible to predict the legal effect of
these orders of affirmance.
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