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STATE, DEP'T OF TRANSP. v. BARSY

No. 26739.

941 P.2d 971 (1997)

The STATE of Nevada, on Relation of Its DEPARTMENT OF TRANSPORTATION, Appellant/Cross-Respondent. v. Kenneth J. BARSY; Shelby R. Seiler; Young Electric Sign Company, a Utah Corporation; Golden West Mechanical, Inc., a Nevada Corporation; Wyatt, Tieder, Killian and Hoffer, a Virginia Partnership; Sharon L. Barsy; Land Title Company, Inc., a Nevada Corporation; Coldwell Banker Commercial Real Estate Group, Inc., a Delaware Corporation; Nevada Title Company, a Nevada Corporation; Valley Bank of Nevada, a Nevada Corporation; United States of America ex rel. Its Department of Treasury and Internal Revenue Service; Clark County Treasurer; Clark County Sanitation District No. 1; County of Clark, a Political Subdivision of the State of Nevada; and All Other Persons Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Real Property Described in the Complaint, Respondents/Cross Appellants.

Supreme Court of Nevada.

June 17, 1997.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, and Leslie A. Nielsen, Deputy Attorney General, Carson City, for Appellant/Cross-Respondent.

Kermitt L. Waters, Las Vegas, for Respondents/Cross-Appellants.

OPINION

PER CURIAM:

Appellant State of Nevada, on relation of its Department of Transportation (NDOT), initiated an eminent domain action to condemn a two-acre parcel of land owned by respondent Kenneth Barsy (Barsy). Barsy filed a counterclaim, seeking lost rental income due to NDOT's unreasonable delay in condemning the property. The district court granted partial summary judgment for NDOT on Barsy's counterclaim.

A jury determined that...

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