Buzz Stew, LLC v. City of N. Las Vegas
Annotate this CaseThe City of North Las Vegas publicly announced its intent to condemn a portion of Appellant’s land but delayed condemning the property. Appellant sold the property before it was condemned. Appellant filed a complaint against the City for inverse condemnation and precondemnation proceedings. The district court granted the City’s motion to dismiss for failure to state a claim. In Buzz Stew I, the Supreme Court (1) reversed as to Appellant’s precondemnation damages claim, concluding that questions of fact remained regarding whether the City’s actions were unreasoanble and injurious; and (2) affirmed the dismissal of the inverse condemnation claim because Appellant had not stated a takings claim upon which relief could be granted. On remand, the jury returned a verdict for the City, finding that the City’s delay was not unreasonable. On appeal, Appellant contended that newly discovered evidence presented at trial demonstrated that a taking of its property occurred and that a new trial was required due to errors made with regard to the precondemnation claim. The Supreme Court affirmed, holding (1) the evidence presented at trial did not establish that a taking occurred while Appellant maintained an interest in the property; and (2) no error made below warranted a new trial.
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