Lied v. County of Clark

579 P.2d 171, 94 Nev. 275, 1978 Nev. LEXIS 539
CourtNevada Supreme Court
DecidedMay 23, 1978
Docket8480
StatusPublished
Cited by16 cases

This text of 579 P.2d 171 (Lied v. County of Clark) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lied v. County of Clark, 579 P.2d 171, 94 Nev. 275, 1978 Nev. LEXIS 539 (Neb. 1978).

Opinion

*276 OPINION

By the Court,

Torvinen, D. J.:

Ernst F. Lied is the owner of a parcel of real property in Clark County which is bounded on the west by Las Vegas Boulevard South (U.S. Highway 91), and on the east by Audrie Street. Both streets run north-south. The first street intersecting Las Vegas Boulevard and Audrie to the north is Flamingo Road. Lied’s property is separated from Flamingo Road by the property on which the MGM Grand Hotel now stands. The illustrative sketch [p. 277] shows the relationship of the pertinent streets and properties.

On November 29, 1971, the predecessors in interest to respondents Metro Goldwyn Mayer, Inc., and the MGM Grand Hotel, Inc., filed a petition with the Clark County Board of Commissioners seeking to vacate that portion of Audrie Street (hatched on sketch) extending 456.01 feet south from Flamingo Road to the northern boundary of Lied’s property. The petition was granted on February 7, 1972, conditioned upon provisions being made for fire access, a cul-de-sac on Audrie Street, and indemnification to the county by the petitioners. An indemnification agreement was entered into by the county and the MGM Grand Hotel, Inc., and the final order of vacation was approved May 8, 1972.

Lied objected to the vacation, both prior to the Board’s action and by a formal claim against the county filed on May *277 24, 1972. The county rejected his claim and Lied filed suit on January 31, 1975. Respondents moved for and were granted a dismissal of the action. Lied then filed an amended complaint containing two causes of action: oi¡ie for inverse condemnation and one for trespass and nuisance. A second motion to dismiss was filed and the order which granted that motion is the subject of this appeal.

Lied asserts, among other things, that (1) the district court erred in holding he had no property interest in the vacated portion of Audrie Street, (2) his complaint sufficiently made out a cause of action for trespass and nuisance, and (3) the Board of County Commissioners abused its discretion in vacating the subject section of Audrie Street.

1. Lied contends he had a vested property right which was taken without just compensation, thus violating the clear mandate of Nev. Const, art. 1, § 8. 1 In support of his argument, *278 Lied relies heavily upon Teacher Bldg. Co. v. Las Vegas, 68 Nev. 307, 232 P.2d 119 (1951), and Breidert v. Southern Pacific Company, 394 P.2d 719 (Cal. 1964). In our view, these cases are totally inapposite.

*277 U6zGJWuJI

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Cite This Page — Counsel Stack

Bluebook (online)
579 P.2d 171, 94 Nev. 275, 1978 Nev. LEXIS 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lied-v-county-of-clark-nev-1978.