Hsu v. County of Clark (2009)
In the early 1990’s Clark County adopted several height restriction ordinances to protect the useable airspace for McCarran International Airport in Las Vegas which severely affected the buildable heights on private property on and near the Las Vegas Strip. These ordinances allowed for the public use of private airspace preventing landowners from developing their property to its highest and best use near Las Vegas Boulevard. The County denied liability for the taking asserting, among other things, its right to restrict airspace under its police powers.
Our office filed inverse condemnation claims to recover just compensation for the County’s taking of our clients’ airspace. We were able to successfully establish the County’s liability for takings in these types of cases and recovered well over $40,000,000 in just compensation for our client where the County offered $0.