Reno to seek relief from NV Supreme Court re: Swan Lake
Reno’s City Council approved a recommendation from the City Attorney to file a writ petition with the Nevada Supreme Court, in hopes of overturning the opinion of the Hon. Barry Breslow, which found the City liable for the taking of private property without just compensation (i.e. inverse condemnation) due to the flooding of properties surrounding Swan Lake.
An unusual facet of this case is that it has proceeded as a class action. Traditionally, property is considered to be unique. Thus, few takings cases are brought as a class – which requires a degree of commonality that usually doesn’t exist in eminent domain litigation.
It will be very interesting to see whether the Nevada Supreme Court entertains this writ petition. The Court frequently declines a request for writ relief – because writ relief seeks early intervention from the Supreme Court, as opposed to the ordinary course of law where a case must be fully resolved before the Court will hear it on appeal.
If the Court declines writ relief, the matter is currently slated to go to trial in December for a determination of the just compensation owed to the flooded land owners. If the Court orders briefing, it is very likely that trial will be postponed, if not cancelled.