Taking Nevada

The writ petition in the Little Valley Fire case is relatively simple.  When the government sets a fire, and it escapes, and burns other people’s properties, can that be a taking?  The landowners (and trial court) say, “Sure!”  The government says, “Nope!”  Some amici participants say, “Please no!” and other amici participants say, “Whatever you do Court, just be really really clear on the distinction between takings and torts so that we know what we’re supposed to do from here on in.”

For the past few months, the Little Valley Fire writ petition has been pending at the Nevada Supreme Court…. but the docket has been buzzing.  The most recent flurry of motion practice was kicked off by some of the landowners filing a Motion to Supplement the record to show that they had prevailed on the tort claims at trial.  Other landowners joined that effort.  The State filed a measured response, not opposing the supplementation but explaining why the jury verdict in tort didn’t make a difference for the takings issue.

At this juncture, with all the prolix filings, it’s hard to see how the matter will be resolved before our Court’s composition changes in January (two justices are retiring, and a third is running for re-election).  What all this means for the outcome of the case?  More uncertainty until a ruling issues.