Class-Action Suit: The Verdict

The bottom line is that the neighbors prevailed over Reno.  But, there’s more detail to consider now that the verdict is in.

The Verdict:

  • The jury found for the plaintiffs on inverse condemnation (taking of real and personal property without paying just compensation in violation of the Nevada and US Constitutions).
  • The jury also found for the plaintiffs on conversion (damaging or destroying personal property).
  • The jury denied liability for the trespass (unlawful physical invasion of real property) and nuisance (the creation of a condition that interferes with the use and enjoyment of real property) claims.

Note: the jury verdict on one of the elements of inverse condemnation – “taking,” (whether there was a physical invasion of water that substantially interfered with the use and enjoyment of property) is an advisory verdict. That means the judge has the final say on liability for inverse condemnation.  If the verdict on inverse condemnation becomes final, the damages cap does not apply to that claim. Class members will be entitled to claim the full value of taken property (to the extent it was taken).

The defense and plaintiffs’ counsels have been ordered to meet to hammer out a “Findings of Fact and Conclusions of Law” document to define the outcome of the trial.  The plaintiffs will draw it up.  The defense may object.  The judge will review and enter what he sees fit.

The damages portion of the trial is expected in December.  The parties are ordered to have a settlement conference no later than November 7, 2019.

Verdict minute: johnson minute order


7 thoughts on “Class-Action Suit: The Verdict

  1. Steve:

    Thanks for covering this so thoroughly. I am out of the country so not seeing any local coverage in the RGJ or TV.

    Should be good news to all opposed to unfettered development.



  2. thanks for the explanation – I got most of it – starting with the little guys prevailed on a certain level – it felt good Ruth


  3. Thank you for all your time Steve! You have supported the cause and helped when our personal momentum was running out. Fantastic work Thanks again !!!!
    Tammy Holt-Still
    Lemmon Valley Swan Lake Recovery Committee


  4. Thank you for your work on this and other important building, land and water topics. I always look forward to your recaps and explanatory notes.


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