Jury settles dispute over taking of land next to McCarran

Bill Gang

Friday, Dec. 4, 1998 | 11:23 a.m.

A District Court jury trying to sort out the compensation due to the owners of two mobile home parks that were closed because of McCarran Airport expansion was instructed that they must be fair to both sides.

Late Thursday, after deliberating less than three hours, the jury in District Judge Sally Loehrer's courtroom leaned toward the property owners more than the county, awarding the owners $7.2 million.

The case was in the jurors' hands, because the two sides could not reach an agreement on the business value of the trailer parks across Tropicana Avenue from the airport.

Clark County was required to pay business compensation after it required the closure of the parks, owned by the heirs of pioneer Las Vegan Maxwell Kelch, because they were in the glide path of the new Runway 19.

The heirs' attorney, Al Marquis, told the jury during closing arguments Thursday that the figure should be $8.9 million while Deputy District Attorney Dale Haley said that $3.4 million is "just compensation."

The value of the land is no longer at issue in the civil case. The county originally seized the land through eminent domain and made plans with a developer to build for a resort and golf course on it, but just before the trial began Wednesday, the county agreed to return the property.

The owners, who include former State Republican Party chairperson Marilyn Kelch Gubler, can now make their own deals for development of the land or choose to sell it.

Development, however, is restricted under FAA rules because of the potential hazards from aircraft landing and taking off over the property.

Although the owners had challenged the taking of the land through eminent domain as well as the amount the county was offering for it, they had collected about $13 million toward what was expected to be the eventual purchase price.

Since the land is being returned, the owners will have to refund the money or the county will place liens against the property.

Some of the $13 million will compensate the partnerships that leased and operated the parks and some will pay lawyers for the fight that already has bounced back and forth to the Nevada Supreme Court a couple of times.

Whatever is left from that, minus the $7.2 million awarded by the jury, is all that the county will get back.

While the parties were fighting at the trial, the high court handed down a decision Thursday in the case, but it was too late to matter.

The state Supreme Court refused on legal technicalities to order that the Clark County Department of Aviation halt its development plans for the 30-acre parcel.

Since the land is being returned to private hands, the high court decision is moot.

But the case is destined to again surface at the Supreme Court. Haley said the county will appeal the award to challenge contradictory state laws that he said provides double compensation for businesses closed down through condemnation proceedings.