Woman, 86, gets a new trial

Saturday, Feb. 4, 2006 | 12:33 p.m.

CARSON CITY - The Nevada Supreme Court ruled Thursday that an 86-year-old woman will get another chance to show she shouldn't have to pay Clark County $1.9 million.

Mary Bartsas was given a new trial in a case involving the value of a piece of land that was condemned by the county for a highway construction project.

The Nevada Supreme Court, in a 6-1 decision, ruled there were too many instances of "irrelevant or prejudicial evidence" submitted at the trial before District Judge Mark Denton. It ordered a new trial.

Clark County sued Bartsas to acquire three acres of a 40-acre parcel on the corner of Centennial Parkway and Durango Drive, located close to a planned interchange on U.S. 95.

It initially valued the taking at $2.8 million. And the county deposited the money with an agreement Bartsas could withdraw it. She took the $2.8 million but retained the right to seek more damages at a trial.

Shortly before trial, the county hired another appraiser who set the value at $987,000, excluding damages. The appraiser for Bartsas had pegged the value of the three acres at $1.3 million and computed $7.7 million was due her for damage to her remaining property by the construction project.

The jury awarded Bartsas the $987,000 and no money for damages. Denton ordered Bartsas to refund $1.9 million to the county plus interest. And he ordered her to pay $52,000 in litigation costs.

The Supreme Court said that many of the errors committed were minor, but taken together required a reversal of the decision of the trial court.

The court said evidence was improperly admitted.

"Although some of these errors may be viewed as harmless, their cumulative effect resulted in prejudice to Bartsas and affected her substantial rights," the court said.

Senior Justice Miriam Shearing dissented, saying "I do not agree that all the errors cited by the majority were indeed errors, and those that I would agree were errors, I find to be harmless." She said there was a fair hearing at the trial.

Cy Ryan can be reached at (775) 687 5032 or at cy@lasvegassun.com.