High court orders judgments reduced

Thursday, Oct. 31, 2002 | 11:12 a.m.

CARSON CITY -- For the second time, the Nevada Supreme Court has ruled that Clark County should not have to pay the full $445,000 to each of three property owners whose land was taken for construction of the airport connector to the Las Vegas Beltway.

The court said Wednesday the value of the land should be based on 1992 values, not on the higher 1995 valuations, as ordered by two district judges.

Gary Bruno, George and Gertrude Rudiak and Sam and Billie Ann Iacovetto were paid $445,000 for the three parcels sought by Clark County for the land now under Interstate 215, based on the 1995 value.

The court ordered a new trial with the value to be set based on the date of the first service of the summons in 1992.

Kermit Waters, attorney for the property owners, could not be reached for comment. But at oral arguments in June before the court, Waters said if the price of the land were based on the 1992 value, the amount the landowners would have to pay back would be in excess of what they received, once interest was counted.

Michael Foley, an attorney for Clark County who argued for the county, could not be reached for comment.

Former District Judge Gerard Bongiovani ruled the values should be set on 1995 prices not 1992, when the county gave its notice of condemnation. The Supreme Court reversed Bongiovani and ordered the values figured on 1992 figures.

The 1999 Legislature changed the law that permitted the land to be valued at its 1995 worth. After the law change, District Judge Nancy Saitta affirmed the three owners should get the higher value, even though the Supreme Court said the 1992 value should be used.

Foley argued the 1999 law was not retroactive so it should not have affected this condemnation case. He said he was bothered by the Legislature passing special legislation to override the Supreme Court in this case.

But Waters argued the 1999 law clarified the statute that gave protections to the landowners. He said the county got entry to the property in 1992 and had been using it since. And the property value increased significantly between 1992 and 1995.

"The government got a free ride," Waters told the court in June.