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U.S. Court of Appeals Rules in Vacation Village v. Clark County

On July 23, 2007, the U.S. Court of Appeals found that Clark County, Nevada had taken property without just compensation in imposing building height restrictions. In Vacation Village v. Clark County, the Ninth Circuit held that it was bound by the Nevada Supreme Court's decision in McCarran Int'l Airport v. Sisolak that (1) the height restriction in question constituted a per se regulatory taking under the Nevada Constitution, and (2) the avigation easement granted to Clark County did not constitute a valid defense to the takings claim. Importantly, the Ninth Circuit said that it did not believe that the height restriction was a taking under the U.S. Constitution. The case was remanded to U.S. District Court for reconsideration of the award of just compensation.