Supreme Court hears appeal in condemnation

Wednesday, June 23, 2004 | 8:27 a.m.

CARSON CITY -- An attorney for a Henderson housing development Tuesday told the Nevada Supreme Court that a District Court jury shortchanged his client millions of dollars when property was condemned for Interstate 215.

Kermitt L. Waters, representing Monument Pointe Ltd., also argued that District Judge Michael Douglas, who has since been appointed to the Nevada Supreme Court, made numerous rulings that prejudiced his client at trial.

He called it the "most one-sided trial" he has seen.

But Michael G. Chapman, an attorney for Clark County, countered that Monument Pointe simply did not have a good case and had filed false claims.

The District Court jury awarded Monument Pointe $152,000 in damages and interest for the 549 square feet condemned for an on-ramp to I-215 at Valle Verde Drive in Henderson. Chapman said the jury gave Monument Point "just compensation" for the land.

In pre-hearing briefs filed with the state's highest court, the company indicated that it believes it is owed $3.5 million for the value of the land and for damages.

Monument Point purchased about 14 acres from Green Valley Development Limited Partnership and planned 104 homes, according to court documents. In September 1995, Clark County disclosed it was considering a diamond or urban freeway interchange at Valle Verde.

Monument Point estimated it would lose 80,000 square feet and between eight to16 home sites.

The company was required to disclose the plans of Clark County to prospective homeowners. Waters told the court that sales dropped after that. He said people inquired about homes but never come back to buy. Clark County, he said changed its plans three times from the 1995 date until it filed condemnation in September 1997.

Chapman argued there was no testimony at the trial by potential customers who pulled out of buying at Monument Point because of the road design. He said he presented witnesses to show the prospective customers pulled out for other reasons. He said Monument Point's claims that the freeway project caused cancellations were false.

Chapman maintained Clark County never interfered with the landowner's continued use of the property and took only a "sliver" of the land.

Waters argued that Douglas kept a key witness from testifying for Monument Point, but Chapman said the witness was not qualified to testify on the subject.

Waters argued that the judge allowed the county to introduce into evidence a purchase price that was eight years old. That was "highly prejudicial," Waters said because the value of real estate in Southern Nevada had increased dramatically in the last eight years.

The court took the arguments under submission and will rule later.

Douglas did not participate in the appeal hearing. Justices Bob Rose and Mark Gibbons also did not sit on the case. Retired Justice Cliff Young sat in place of Rose.