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CITY OF NORTH LAS VEGAS v. ROBINSON

No. 42419.

134 P.3d 705 (2006)

CITY OF NORTH LAS VEGAS, Appellant/Cross-Respondent, v. Marilyn J. ROBINSON, and Her Spouse if Any; and Mary Kay Robinson, as Trustee of the Mary Kay Living Trust, Dated 12/10/73, Respondents/Cross-Appellants.

Supreme Court of Nevada.

Rehearing Denied July 6, 2006.

Attorney(s) appearing for the Case

Santoro, Driggs, Walch, Kearney, Johnson & Thompson and Kirby C. Gruchow Jr. and Gregory J. Walch, Las Vegas, for Appellant/Cross-Respondent.

William E. Cooper Law Offices and William E. Cooper Jr., Las Vegas, for Respondents/Cross-Appellants.

Before the Court En Banc.

OPINION

GIBBONS, J.

Appellant and cross-respondent City of North Las Vegas (CNLV) sought to condemn part of a larger parcel of undeveloped private property, owned by the Robinsons,2 for a road-widening project. The parties disagreed on how the jury should value the condemned portion. We conclude that the district court's valuation instructions improperly required the jury to ignore the highest and best use of the entire...

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