The STATE of Nevada, DEPARTMENT OF TRANSPORTATION, Appellant/Cross-Respondent,
v.
Stuart A. COWAN and Barbara L. Cowan, D/B/A Lou's Texaco, Respondents/Cross-Appellants.
Supreme Court of Nevada.https://leagle.com/images/logo.png
December 17, 2004.
December 17, 2004.
Attorney(s) appearing for the Case
Brian Sandoval, Attorney General, Brian R. Hutchins, Chief Deputy Attorney General, and Liesl K. Freedman, Senior Deputy Attorney General, Carson City, for Appellant/Cross-Respondent.
Law Offices of Kermitt L. Waters and James Jack Leavitt, Brian C. Padgett, Charles E. Springer, and Kermitt L. Waters, Las Vegas, for Respondents/Cross-Appellants Stuart and Barbara Cowan, d/b/a Lou's Texaco.
A. Grant Gerber & Associates and A. Grant Gerber, Elko; Pacific Legal Foundation and J. David Breemer and James S. Burling, Sacramento, California, for Amicus Curiae Pacific Legal Foundation.
David J. Roger, District Attorney, and Robert J. Gower, Deputy District Attorney, Clark County, for Amicus Curiae Clark County.
Jason S. Cook, Las Vegas; Defenders of Property Rights and Nancie G. Marzulla, Washington, D.C., for Amicus Curiae Defenders of Property Rights.
Jones Vargas and Ann Morgan, Reno, for Amicus Curiae Airport Authority of Washoe County.
Andrew A. List, Carson City, for Amici Curiae Nevada Association of Counties and Nevada League of Cities and Municipalities.
Before the Court En Banc.
Supreme Court of Nevada.
OPINION
SHEARING, C.J.
This is an appeal and cross-appeal from a judgment awarding damages to the lessee of property that was condemned by the Nevada Department of Transportation (NDOT). The lessees, Stuart A. and Barbara L. Cowan, appeal numerous rulings by the district court, claiming that they received an inadequate damages and attorney fees award. NDOT appeals on the ground that the district court erred...
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