KELLY v. TRPA

No. 22913.

855 P.2d 1027 (1993)

William Cody KELLY, Trustee, Under Trust Dated December 12, 1962, Appellant/Cross-Respondent, v. TAHOE REGIONAL PLANNING AGENCY, Respondent/Cross-Appellant, and The State of California; The State of Nevada; John K. Van De Kamp, Attorney General of the State of California, and Frankie Sue Del Papa, Attorney General of the State of Nevada, Respondents.

Supreme Court of Nevada.

July 8, 1993.


Attorney(s) appearing for the Case

Thomas J. Hall, Reno, Hibbs, Roberts, Lemons, Grundy & Eisenberg, Reno, for appellant/cross-respondent.

Crowell, Susich, Owen & Tackes, Carson City, for respondent/cross-appellant.

Frankie Sue Del Papa, Atty. Gen., Brian Chally, Sr. Deputy Atty. Gen., Carson City, Daniel E. Lungren, Atty. Gen., Richard M. Thalhammer, Deputy Atty. Gen., State of Cal., for respondents.


OPINION

PER CURIAM:

Appellant and cross-respondent William Cody Kelly ("Kelly") appeals the district court's judgment concluding that the Tahoe Regional Planning Agency land-use regulations did not deprive him of all economically viable use of his property and, therefore, did not effect a taking under the Fifth and Fourteenth Amendments of the United States Constitution requiring payment of just compensation. We affirm the district court's judgment.

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