FY2016 CCDOA Financial Report as of 6302016.pdf - page 124

Notes to Financial Statements
For the Fiscal Years Ended June 30, 2016 and 2015
Pending Inverse Condemnation Litigation
North American Properties, a Business Entity Formerly Known as Woodbridge Apartments v.
McCarran Int'l Airport and Clark County, Case No. A-09-594649. Outside counsel is handling this
litigation on behalf of the County. This case was filed July 6, 2009. The plaintiff alleges that the
County used airport expansion and the imposition of height restrictions to lower the value of, or
take part of, property the plaintiff owns. The County filed a motion to dismiss the plaintiff’s
amended complaint on January 14, 2011. On February 24, 2011, the district court dismissed the
plaintiff’s Ordinance 1221 airspace takings claims on the basis that the plaintiff was barred by
the 15-year limitations period applicable to inverse condemnation takings claims. The plaintiff
and the County continued to litigate the plaintiff’s Ordinance 1599 airspace takings claims,
which were not barred by the 15-year statute of limitations. The County filed numerous pre-trial
motions, including, but not limited to, motions for summary judgment regarding the plaintiff’s
lack of standing to maintain the inverse condemnation claim and a motion to preclude the
plaintiff’s proposed expert from opining on a "profit entitlement theory." On September 21,
2012, the district court granted summary judgment in the County’s favor, finding, among other
things, that the plaintiff lacked standing to maintain the action against the County. On
October 24, 2012, the plaintiff appealed this action to the Nevada Supreme Court.
As is standard, the Nevada Supreme Court assigned the appeal to the settlement conference
program. The case was assigned to Department 20 before the Honorable Judge Tao, where
oral argument was held on December 8, 2015. After oral argument, on February 19, 2016, the
Nevada Supreme Court issued an Order of Affirmance, affirming, in light of plaintiff’s egregious
abuses, the District Court’s decision to impose case-ending sanctions against the plaintiff
pursuant to its inherent powers. On July 21, 2016, the plaintiff petitioned the Supreme Court of
the United States for a writ of certiorari. The County timely filed its brief in opposition. North
American Properties then timely filed its brief in reply. The parties are currently awaiting a
scheduling order or a hearing from the United States Supreme Court. The County believes that
the plaintiff's petition for a writ of certiorari is without merit. On October 11, 2016, the Supreme
Court of the United States denied the writ of certiorari. See Note 17, “Subsequent Events,” for
further details.
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