Investor sues county over Desert Inn Road parcel

Friday, Oct. 8, 1999 | 11:06 a.m.

The real estate investor who owns a piece of the Desert Inn Road Super Arterial is suing Clark County for allowing motorists to trespass on his property.

Because of an error by county officials during property disposal proceedings last year, Neil Ohriner bought two blocks by four lanes of the six-lane divided highway.

County officials in March acknowledged that there was a clerical error in the preparation of the legal description of the land. At the time, they gave Ohriner two options to resolve the matter.

Mary Anne Miller, county counsel on the issue, said Ohriner could agree to a reformation of the deed to include the correct legal description of the property. Or, she said, the county could just give him his money back.

Ohriner, who recently paid a $1,000 tax bill on the property, wants to be compensated for his inconvenience since the county erred in the property listing.

Ohriner said he was attempting to buy two lots with an eight-unit warehouse near the highway as an investment. Even though he spotted the error in the legal description of the property the county sold, Ohriner went ahead and bid for the property, which had an appraised value of $190,000.

When Ohriner pointed out the mistake after the auction and sale, county officials concurred that he owned a portion of Desert Inn Road about two blocks east of Valley View Boulevard. But Ohriner said county officials wouldn't negotiate with him when he brought the matter to their attention.

When Ohriner went public with the story, the county agreed to listen, he said, but still wouldn't settle.

Ohriner's NOLM LLC filed suit last week against Clark County in District Court.

"The landowner has not authorized Clark County to use any portion of the subject property for the Desert Inn Arterial and, therefore, Clark County's use of the subject property is without authorization," the suit says.

The suit accuses the county of trespass, inverse condemnation and private nuisance and seeks damages of more than $10,000.

The suit also says Clark County Commissioners Erin Kenny and Myrna Williams ignored county staff advice and chose not to compromise with Ohriner.

Ohriner, who has since retired from the real estate business following a car accident last summer that killed his mother and nearly killed him, wrote one more letter in August appealing to commissioners for a compromise.

"After numerous unpublicized meetings in an attempt to quietly and amicably settle this problem, I understand some of the commission have gone against staff and on their own, scuttled our six months of negotiations," Ohriner's letter said.

"Hopefully, one or some of you (commissioners) will show some concern for the public over this situation before it becomes a distasteful, embarrassing public and legal problem."

Miller could not be reached for comment on the filing of the suit.