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LAS VEGAS v. CLIFF SHADOWS PROF'L PLAZA

No. 55877.

293 P.3d 860 (2013)

CITY OF LAS VEGAS, Nevada, a Municipal Corporation, Appellant/Cross-Respondent, v. CLIFF SHADOWS PROFESSIONAL PLAZA, LLC, a Domestic Limited Liability Company, Respondent/Cross-Appellant.

Supreme Court of Nevada.

January 31, 2013.

Attorney(s) appearing for the Case

Lewis & Roca LLP and Daniel F. Polsenberg and Joel D. Henriod , Las Vegas; Bradford R. Jerbic , City Attorney, and James W. Erbeck , Chief Deputy City Attorney, Las Vegas, for Appellant/Cross-Respondent.

Law Offices of Kermitt L. Waters and Kermitt L. Waters , James J. Leavitt , Michael A. Schneider , and Autumn L. Waters , Las Vegas, for Respondent/Cross-Appellant.

Armstrong Teasdale, LLP, and R. Douglas Kurdziel , Las Vegas, for Amicus Curiae City of Henderson.

David Roger , District Attorney, and Leslie A. Nielsen , Deputy District Attorney, Clark County, for Amicus Curiae Clark County.

Before the Court En Banc.

OPINION

By the Court, SAITTA, J.:

In this appeal and cross-appeal, we resolve issues arising from an eminent domain action brought by appellant City of Las Vegas (the City) to acquire a 40-foot-wide strip of real property from respondent Cliff Shadows Professional Plaza, LLC. Title to this property was originally acquired by Cliff Shadows' predecessor-in-interest through a federal land patent that was issued...

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