FY2016 CCDOA Financial Report as of 6302016.pdf - page 125

Notes to Financial Statements
For the Fiscal Years Ended June 30, 2016 and 2015
Other Possible Inverse Condemnation/Taking Litigation
It is possible that other litigation will be filed by landowners who are affected by the County’s
airport height zoning ordinance. It is impossible to predict at this time whether any such
litigation will be filed or its ultimate outcome.
Other Litigation
The County is a party to numerous other actions and claims in connection with the ownership
and operation of the Airport System, including personal injury claims, employment-related
claims, and construction claims, but, in the opinion of the District Attorney, the actions and
claims described in this paragraph are not expected, in the aggregate, to have a material
adverse effect on the financial condition of the Airport System. Cases of note follow.
National Federation of the Blind, et al. vs. Clark County, Nevada, et al., U.S. District Court Case
No. 2:11-cv-0474. Outside counsel handled this litigation on behalf of the County. The plaintiff
filed suit claiming the County had violated federal law by owning and operating common use
ticketing kiosks at the Airport which did not provide for access by visually impaired persons. On
October 17, 2014, both parties entered into a settlement agreement stipulating payment to
plaintiffs of $25.0 thousand. All parties have signed the settlement agreement, the payment
was made, and the case has been dismissed.
Lone Mountain Excavation and Utilities v. Fisk Electric Co. and Clark County Dept. of Aviation,
Case No. A-14-694327-C. In this matter, the plaintiff was a subcontractor on the new FAA
control tower under construction at the Airport. The plaintiff's suit involves foreclosure on a
mechanic's lien. It is the Department's position that the plaintiff improperly named the
Department as a defendant in this action. Specifically, it is the Department's position that there
is no right to lien public land and that the County is precluded from being labeled as an
"owner" according to Nevada statutory lien law. Currently, negotiations are being conducted
with the plaintiff to resolve this matter. However, this case has not moved forward for some
time, and, if the parties fail to reach an agreement, the Department will look to file the
appropriate motion to be removed from this litigation.
1...,115,116,117,118,119,120,121,122,123,124 126,127,128,129,130,131,132,133,134,135,...169
Powered by FlippingBook