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ENTERPRISE CITIZENS v. CLARK CTY. COMM'RS

No. 25357.

918 P.2d 305 (1996)

ENTERPRISE CITIZENS ACTION COMMITTEE, Appellant, v. CLARK COUNTY BOARD OF COMMISSIONERS, a Political Subdivision of the State of Nevada; Union Pacific Railroad Company, a Nevada Corporation; and Inland Properties, Inc., a Nevada Corporation, Respondents.

Supreme Court of Nevada.

Rehearing Denied September 5, 1996.

Attorney(s) appearing for the Case

Hayes & Gourley, Las Vegas, for Appellant.

Stewart L. Bell, District Attorney, Johnnie B. Rawlinson, Chief Deputy District Attorney, Clark County; Dominic P. Gentile, Ltd. and James N. Mancuso, Las Vegas, for Respondents.

OPINION

ROSE, Justice:

For many years, Union Pacific Railroad Company has owned a 180 acre tract of real property adjacent to its railroad track and easement in Clark County Nevada. The property is zoned for Residential Estates and Union Pacific has twice tried to change this zoning, first in 1989 to Industrial Without Dwellings, and then to Light or Designed Manufacturing in 1991. Both applications were denied.

By 1993, Inland Properties...

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