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McCARRAN INT'L AIRPORT v. SISOLAK

No. 41646.

137 P.3d 1110 (2006)

MCCARRAN INTERNATIONAL AIRPORT and Clark County, a Political Subdivision of the State of Nevada, Appellants, v. Steve SISOLAK, Respondent.

Supreme Court of Nevada.

July 13, 2006.

Attorney(s) appearing for the Case

David J. Roger, District Attorney, and E. Lee Thomson, Deputy District Attorney, Clark County; Jones Vargas and R. Douglas Kurdziel, Kirk B. Lenhard, and Scott M. Schoenwald, Las Vegas, for Appellants.

Law Offices of Laura Wightman-FitzSimmons and Laura Wightman-FitzSimmons, Las Vegas, for Respondent.

Law Offices of Thomas D. Beatty and Thomas D. Beatty, Las Vegas; Foley & Lardner and Christi R. Adams and John R. Hamilton, Orlando, Florida, for Amicus Curiae Airports Council International.

Lewis & Roca and Martha J. Ashcraft, Las Vegas; Community Rights Counsel and Timothy J. Dowling and Douglas T. Kendall, Washington, D.C., for Amicus Curiae American Planning Association.

Lionel Sawyer & Collins and E. Leif Reid, Reno; David A. Berg, Washington, D.C.; Beveridge & Diamond, P.C., and Gus Bauman, Thomas Richihi, and Justin A. Savage, Washington, D.C., for Amicus Curiae Air Transport Association of America, Inc.

Woodburn & Wedge and John F. Murtha, Reno, for Amicus Curiae Airport Authority of Washoe County.

Before the Court En Banc.

OPINION

HARDESTY, J.

In this appeal, we determine whether the district court properly concluded that a county height restriction ordinance effected a "per se" taking of the airspace above private land that is located within the departure critical area of an airport approach zone. Appellant Clark County operates McCarran International Airport, the primary commercial airport serving southern Nevada. The County adopted height restriction ordinances limiting...

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