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United States Court Cases

Nevada Supreme/Appellate Court Record

CLARK COUNTY VS. HSU

Case Information: 38853
Short Caption:CLARK COUNTY VS. HSUCourt:Supreme Court
Related Case(s): 36874 , 46461 , 52008
Lower Court Case(s):Clark Co. - Eighth Judicial District - A332441
Clark Co. - Eighth Judicial District - A333961
Classification:Civil Appeal - General - Other
Disqualifications:Gibbons, Rose, ShearingCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/25/2003 at 1:30 PMOral Argument Location:Carson City
Submission Date:06/25/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/30/2001OtherDisqualification of Justice Leavitt. Attorney Kermitt L. Waters.
11/30/2001OtherDisqualification of Justice Rose. Attorney Kermitt L. Waters.
11/30/2001MotionFiled Motion for Stay. Appellant's Emergency Motion for Stay of Execution and All Other Proceedings to Enforce Judgment Pending Appeal (Expedited and Immediate Resolution Requested) 01-20067
12/03/2001TranscriptFiled Transcript. Proceedings: 3/25/97, 5/15/97, 5/22/97, 9/17/97, 2/23/01. Court Reporter: Patsy K. Smith. 01-20139
12/03/2001TranscriptFiled Transcript. Proceedings: 2/26/01, 2/27/01, 2/28/01, 3/1/01, 3/2/01. Court Reporter: Diann Prock. 01-20140
12/03/2001TranscriptFiled Transcript. Proceedings: 3/5/01, 3/6/01, 3/7/01. Court Reporter: Patsy K. Smith. 01-20142
12/03/2001TranscriptFiled Transcript. Proceedings: 8/13/01. Court Reporter: Renee Silvaggio. 01-20143
12/03/2001Filing Fee Filing Fee Waived. Check No.27054 returned to Jones Vargas.
12/03/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 01-20190
12/05/2001MotionFiled Response to Motion. Respondent Landowners' Opposition to Appellant's Emergency Motion for Stay of Execution and All Other Proceedings to Enforce Judgment Pending Appeal. 01-20358
12/07/2001MotionFiled Reply to Response. Reply Papers in Support of Appellant's Emergency Motion for Stay of Execution and All Other Proceedings to Enforce Judgment Pending Appeal. (Filed via fax.) 01-20627
12/10/2001MotionFiled Reply to Response. ORIGINAL of Reply Papers in Support of Appellant's Emergency Motion for Stay of Execution and All Other Proceedings to Enforce Judgment Pending Appeal. (Expedited and Immediate Resolution Requested). 01-20667
12/12/2001Order/ProceduralFiled Order Granting Motion. Appellant has moved to stay all proceedings to enforce the judgment pending resolution of this appeal. Respondents oppose the motion. We grant appellant's motion for stay. 01-20880
12/12/2001Other Other. Telephone conference between Chief Justice Maupin and counsel for the parties held this day. See Minutes of Telephone Conference in correspondence filed.
12/13/2001Order/ProceduralFiled Order/Briefing Schedule. Order Expediting Appeal and Setting Briefing Schedule. The court has determined to expedite this matter. The parties shall adhere to the following briefing schedule: Opening brief: filed on or before February 15, 2002. Answering brief: filed on or before April 1, 2002. Reply brief: filed on or before May 1, 2002. The opening and answering briefs shall not exceed 50 pages; the reply brief shall not exceed 25 pages. The clerk shall schedule this appeal for oral argument before the en banc court in June 2002. Because it appears that this appeal is not amenable to settlement, we exempt this appeal from the settlement conference program. 01-20962
12/18/2001Docketing StatementFiled Docketing Statement. 01-21301
12/18/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for cross-appellant.) 01-21309
12/20/2001Notice/OutgoingIssued Notice to Transmit Required Document. Notice of Entry of Order filed on 11/28/01. Due Date: 10 days
12/31/2001Docketing StatementFiled Docketing Statement. Respondent/Cross-Appellant. 01-21885
01/03/2002Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: November 28, 2001. 02-00132
01/07/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/16/00 To Court Reporter: Sharleen Nicholson. Transcripts requested: 12/08/00; 01/19/01; 01/29/01; 02/16/01; 09/27/01; and 11/26/01 To Court Reporter: Renee Silvaggio. Transcripts requested: 12/01/00; 01/12/01; and 02/21/01 To Court Reporter: Patsy Smith. Transcripts requested: 09/18/00 To Court Reporter: Karen Snyder. 02-00332
01/07/2002Notice/IncomingFiled Notice. Appellant's Certificate Regarding Certain Transcripts of Proceedings. 02-00336
01/07/2002TranscriptFiled Transcript. Proceedings: November 16, 2000. Court Reporter: Sharleen Nicholson. 02-00385
01/10/2002TranscriptFiled Transcript. Proceedings: 12/08/00; 01/19/01; 01/29/01; 02/16/01; 07/02/01; 08/13/01; 09/24/01; 09/27/01; and 11/26/01 Court Reporter: Renee Silvaggio. 02-00686
01/14/2002TranscriptFiled Transcript. Proceedings: 10/30/97 and 11/5/97. Court Reporter: Marilyn Waggoner. 02-00890
01/28/2002TranscriptFiled Transcript. Proceedings: 12/01/00; 01/12/01; and 02/21/01. Court Reporter: Patsy K. Smith. 02-01842
01/29/2002MotionFiled Motion. Respondent/Cross-Appellants Motion to Remove Appeal from Expedited Schedule and Request for Expedited Decision. 02-01907
01/31/2002MotionFiled Response to Motion. Opposition of County of Clark to Respondents/Cross-Appellants' Motion to Remove Appeal form Expedited Schedule and Request for Expedited Decision. 02-02049
02/01/2002MotionFiled Reply to Response. Respondent/Cross-Appellants' Reply to Opposition to Motion to Remove Appeal from Expedited Schedule and Request for Expedited Decision. 02-02123
02/08/2002Order/ProceduralFiled Order. Order Vacating Expedited Briefing Schedule. On January 29, 2002, respondents/cross-appellants ("respondents'') filed a motion to remove this appeal from the expedited briefing schedule, to extend the briefing schedule and to set oral arguments no earlier than March, 2003. On January 31, 2002, appellant/cross-respondent ("appellant") filed an opposition to the motion. On February 1, 2002, respondents filed, under single cover, a request for permission to file a reply and the reply. Having reviewed the motion, opposition and reply, and cause appearing, we grant the motion in part. We vacate our "Order Expediting Appeal and Setting Briefing Schedule" entered on December 13, 2001, and direct the parties to adhere to the following extended briefing schedule: (1) appellant County of Clark shall have until March 18, 2002, to file and serve an opening brief, which shall not exceed 50 pages, and the appendix; (2) respondent landowners shall have 60 days thereafter to file and serve a single, combined answering brief on appeal and opening brief on cross-appeal, which shall not exceed 80 pages, see NRAP 28(h); (3) appellant shall have 45 days thereafter to file and serve a single combined reply brief on appeal and answering brief on cross-appeal, which shall not exceed 60 pages; and (4) respondents shall have 45 days thereafter to file and serve a reply brief on cross-appeal, which shall not exceed 30 pages. Any motions for leave to file amici curiae briefs must be filed in accordance with the time limits set forth in NRAP 29. Finally, this appeal shall be scheduled for oral argument following the completion of briefing and the court's review of the parties' briefs. Fn1[We remind counsel for respondents that "a reply to the opposition to a motion shall not be filed unless permission is first sought and granted by the Supreme Court." Any future requests or motions for leave to file a reply should not include the reply under the same cover. 02-02594
03/15/2002AppendixFiled Appendix to Opening Brief. Vols. 1 thorugh 41. 02-04749
03/18/2002MotionFiled Motion. Motion for Leave to File Amicus Curiae Brief. (airport Authority of Washoe County) 02-04823
03/18/2002MotionFiled Motion. Motion for Leave to File Amicus Curiae Brief. (Airports Council Int'l) 02-04827
03/19/2002BriefFiled Opening Brief. Mailed on: Fed Ex 03/18/02. Signed by: Kirk B. Lenhard. 02-04902
03/19/2002Other Other. Filed Addendum to Appellant's Opening Brief Pursuant to N.R.A.P. 28(f). 02-04904
03/19/2002MotionFiled Motion. Appellant's Motion to Direct the District Court Clerk to Transmit Certain Original Exhibits in Support of Appeal pursuant to NRAP 30(d). 02-04906
03/19/2002MotionFiled Motion. Motion for Leave to File Amicus Curiae Brief. (City of Las Vegas and International Municipal Lawyers Association) 02-04908
03/20/2002MotionFiled Motion. Motion for Leave to File Amicus Brief. (American Planning Association, Nevada Chapter of American Planning Association, and Tahoe Regional Planning Agency) 02-04979
03/20/2002BriefFiled Amicus Brief. Brief of the State of Nevada as Amicus Curiae. Signed by: Margaret E. Kerr. STRICKEN BY ORDER 06/27/02.
03/22/2002Order/ProceduralFiled Order. To date, neither Ms. Snyder nor Ms. Liston has filed the transcript for proceedings conducted on September 18, 2000. Ms. Snyder and Ms. Liston shall have 20 days from the date of this order to prepare and file the requested transcript. If more time is needed to complete the preparation of the transcript, Ms. Snyder and Ms. Liston shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Snyder and Ms. Liston, shall notify this court, in writing, of this fact. 02-05165
03/27/2002Notice/IncomingFiled Proof of Service. to Appellant's Appendix (Volumes 1 through 41). 02-05392
04/01/2002TranscriptFiled Transcript. Proceedings: September 18, 2000. Court Reporter: Karen Snyder. 02-05814
04/15/2002MotionFiled Motion to Extend Time. 02-06682
04/16/2002MotionFiled Response to Motion. Appellant's Opposition to Motion for Extension of Time in which to file Respondents' Answering Brief. 02-06758
04/24/2002MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Appellants' Opposition to Motion for Extension of Time in Which to File Respondents' Answering Brief. 02-07221
04/29/2002MotionFiled Motion. Respondent/Cross-Appellants Motion to Associate Counsel. 02-07486
05/13/2002MotionFiled Motion. Motion to Associate Counsel (attorney Timothy Dowling). 02-08387
05/14/2002Order/ProceduralFiled Order. We grant the unopposed motion filed March 19, 2002. District Court Exhibits due: 20 days. The clerk of this court shall file the amicus curiae briefs of the Airport Authority of Washoe County and the Airports Council International-NA received on March 18; the City of Las Vegas and the International Municipal Lawyers Association received on March 19; and the American Planning Association, Nevada Chapter of the American Planning Association, and Tahoe Regional Planning Agency received on March 20, 2002. On April 15, 2002, respondents/cross-appellants ("respondents") filed a motion for an extension of time to file the answering brief. The clerk of this court shall file the reply received on April 24, 2002. Mr. Berger shall be permitted to appear on behalf of respondents in Docket Number 38853. Respondents brief due: June 18, 2002. Thereafter, briefing shall proceed in accordance with the briefing schedule and page limitations set forth in this court's February 8, 2002, order. Respondents shall comply with NRAP 9(a) within 15 days from the date of this order. 02-08400
05/14/2002MotionFiled Reply to Response. Respondent's Reply to Appellant's Opposition to Motion for Extension of time in which to file Respondents' Answering Brief. 02-07222
05/14/2002BriefFiled Amicus Brief. Airport Authority of Washoe County's Amicus Curiae Brief in Support of Appellant County of Clark. Signed by Keith L. Lee. 02-04824
05/14/2002BriefFiled Amicus Brief. Brief of Amicus Curiae Airports Council International-NA. Signed by Daniel F. Polsenberg and John R. Hamilton. 02-04829
05/14/2002BriefFiled Amicus Brief. Amicus Curiae Brief of the City of Las Vegas and The International Municipal Lawyers Association in Support of Appellant County of Clark. Signed by William P. Henry. 02-04912
05/14/2002BriefFiled Amicus Brief. Brief of The American Planning Association, Nevada Chapter of the American Planning Association, and Tahoe Regional Planning Agency as Amici Curiae in Support of Appellant/Cross-Respondent. Signed by Ann-Martha Andrews. 02-04980
05/29/2002Transcript RequestFiled Request for Transcript of Proceedings. Respondents/Cross-Appellants. Transcripts requested: 03/25/97; 05/15/97; 05/22/97; 09/17/97; 09/18/00; 11/16/00; 12/1/00; 12/8/00; 01/12/01; 01/19/01; 01/29/01; 2/16/01; 2/21/01; 2/23/01; 2/26/01 2/27/01; 2/28/01; 3/1/01; 3/2/01; 3/5/01; 3/6/01; 3/7/01; 8/13/01; 9/27/01; 11/26/01. To Court Reporters: Patsy Smith; Karen Snyder; Sharleen Nicholson; Renee Silvaggio and Diann Prock. 02-09372
06/11/2002MotionFiled Motion. State of Nevada's Motion for Leave to File Corrected Brief. 02-10174
06/19/2002BriefFiled Answering Brief. Respondents' Brief and Cross-Appellants' Opening Brief. Mailed on: Fed Ex 06/18/02. 02-10663
06/19/2002AppendixFiled Appendix to Answering Brief. Respondents'/Cross-Appellants' Appendix. Vols. 1 through 4. 02-10665
06/20/2002MotionFiled Motion. Inns Nevada, LLC and Hotels Nevada. LLC. 02-10730
06/20/2002MotionFiled Motion. Property Rights. 02-10732
06/24/2002MotionFiled Motion. Pacific Legal Foundation. 02-10861
06/27/2002Order/ProceduralFiled Order Granting Motion. of the State of Nevada to file a corrected amicus curiae brief, filed June 11, 2002. The clerk of this court shall strike the amicus curiae brief filed by the State on March 20, 2002, and file the corrected brief received on June 11, 2002. 02-11092
06/27/2002BriefFiled Amicus Brief. Brief of The State of Nevada as Amicus Curiae. 02-10175
06/28/2002Notice/IncomingFiled Proof of Service. Affidavit of Mailing Motion for Leave to File Amicus Brief. 02-11134
07/05/2002MotionFiled Motion. Respondent's Motion to Direct the District Court Clerk to Transmit Certain Original Oversized Exhibits in Support of Appeal Pursuant to N.R.A.P. 30(d). 02-11443
07/11/2002Order/ProceduralFiled Order Granting Motion. On June 20, 2002, the Defenders of Property Rights filed a motion for permission to file an amicus curiae brief in support of respondents' position in this appeal. Cause appearing, we grant Defenders' unopposed motion. Accordingly, the clerk of this court shall file the amicus curiae brief submitted by Defenders on June 20, 2002. Also on June 20, 2002, Hotels Nevada, LLC and Inns Nevada, LLC filed a motion for leave to file an amicus curiae brief in support of respondents' position in this appeal. Cause appearing, we grant the unopposed motion. The clerk of this court shall file the amicus curiae brief submitted by Hotel and Inns on June 20, 2002. On June 24, 2002, the Pacific Legal Foundation filed a motion for permission to file an amicus curiae brief in support of respondents' position in this appeal. Cause appearing, we grant the unopposed motion. Accordingly, the clerk of this court shall file the amicus curiae brief submitted by Pacific on June 24, 2002. 02-11831
07/11/2002BriefFiled Amicus Brief. Brief of Inns Nevada, LLC and Hotels Nevada, LLC as Amicus Curiae in support of Respondent/Cross-Appellant. 02-10731
07/11/2002BriefFiled Amicus Brief. Brief of Defenders of Property Rights as Amicus Curiae in Support of Respondents Tien Fu Hsu, et al. 02-10733
07/11/2002BriefFiled Amicus Brief. Brief of Amicus Curiae of Pacific Legal Foundation in Support of Respondents. 02-10863
08/06/2002BriefFiled Reply Brief. Appellant/Cross-Respondent. Mailed on: Fed Ex 08/05/02. 02-13378
08/27/2002Order/ProceduralFiled Order Granting Motion. filed July 5, 2002. The clerk of the district court shall, within 20 days from the date of this order, transmit to the clerk of this court the following exhibits that were filed in consolidated Eighth Judicial district 'court Case Nos. A332441 and A333961: (1) Respondents' Trial Exhibit 101, described as a 'blow up of a page from a Clark County handbook;' (2) Respondents' Trial Exhibit 102, described as an oversized aerial photograph; (3) Respondents' Trial Exhibit 112, described as an oversized architectural rendition; and (4) Respondent's Trial Exhibit 113, also described as an oversized architectural rendition. 02-14746
09/19/2002BriefFiled Reply Brief on Cross-Appeal. 02-16320
12/10/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on February 10, 2003, at 1:30 p.m. (En Banc)
01/06/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
01/27/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
01/28/2003Order/ProceduralFiled Order Rescheduling Oral Argument. This matter is scheduled for argument on February 10, 2003, at 1:30 p.m. Due to scheduling conflicts, this court has determined to continue the oral argument to a later date. We vacate the oral argument presently schedule for February 10 and direct the clerk of this court to schedule this appeal for oral argument on the next schedule en banc calendar. Argument shall be limited to 60 minutes. 03-01507
02/05/2003MotionFiled Motion. Appellant's Motion to Schedule this Appeal for Oral Argument as soon as possible and earlier than on the June 2003 En Banc Oral Argument Calendar. 03-01948
02/06/2003Order/IncomingFiled Executive Order. District Judge Jerome M. Polaha appointed to sit in the place of Justice Robert E. Rose. 03-02130
02/07/2003MotionFiled Response to Motion. Respondent/Cross-Appellant's Response to Appellant's Motion to Schedule this Appeal for Oral Argument as soon as possible and earlier than on the June 2003 En Banc Oral Argument Calendar. 03-02232
02/13/2003MotionFiled Response to Motion. Respondent/Cross-Appellants' Supplement to Response to Appellant's Motion to Schedule this Appeal for Oral Argument as soon as possible and earlier that the June 2003 En Banc Oral Argument Calendar. 03-02528
02/24/2003OtherDisqualification of Justice Shearing.
02/25/2003Order/ProceduralFiled Order. Order of Assignment. The Honorable Miriam Shearing, Justice, being disqualified in the above entitled matter, the Honorable Cliff Young, Senior Justice, is assigned to sit and participate in the decision of this matter. 03-03104
03/12/2003Order/ProceduralFiled Order Denying Motion. On January 28, 2003, this court issued an order vacating the oral argument scheduled for February 10 and directing the clerk to set this case for argument on the June 3n banc calendar. Appellant has now filed a motion to schedule this appeal for oral argument sooner than the June calendar. We deny the motion. 03-04129
03/28/2003Letter/IncomingFiled Letter. from attorney Kermitt L Waters addressed to Chief Justice Agosti objecting to Senior Justice Young's participation in this matter. 03-05260
03/28/2003Other Other. Received Appellant's Opposition to Respondents' Request to Disqualify Senior Justice Young. 04/04/03 ORDER: RETURNED UNFILED. 03-05261
04/04/2003Notice/OutgoingIssued Letter. to attorney Kermitt L. Waters in response to his letter dated March 21, 2003, addressed to Chief Justice Agosti.
04/04/2003Notice/OutgoingIssued Letter. to attorney Kirk B. Lenhard. Returned unfiled, the original "Appellant's Opposition to Respondents' Request to Disqualify Senior Justice Young" received on March 28, 2003.
05/02/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 25, 2003, at 1:30 p.m. (En Banc)
06/09/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
06/25/2003Case Status Update Submitted for Decision. Before the En Banc Court.
10/17/2003Letter/IncomingFiled Letter. from Timothy J. Dowling for Community Rights Counsel. 03-17380
09/30/2004Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." fn120[The Honorable Cliff Young, Senior Justice, was appointed by the court to sit in place of the Honorable Miriam Shearing, Chief Justice. Nev. Const. Art. 6, sec. 19; SCR 10. The Honorable Jerome M. Polaha, Judge of the Second Judicial District Court, was designated by the Tovernor to sit in place of the Honorable Robert Rose, Justice. Nev. Const. Art. 6, sec. 4. The Honorable Myron . Leavitt, Justice, who died in office on January 9, 2004, had voluntarily recused himself from participation in the decision of this matter when it was docketed in this court in November 2001. The Honorable Mark Gibbons, Justice, also voluntarily recused himself from participation in the decision of this matter. Accordingly, this matter was submitted for decision by a five-justice court made up of Justices Agosti, Becker and Maupin, Senior Justice Young and district Judge Polaha.] EN BANC-Justices Agosti, Becker and Maupin, Senior Justice Young and District Judge Polaha. 04-18112
10/04/2004Notice/IncomingFiled Substitution of Attorneys. Law firm of Manatt, Phelps & Phillips, LLP, in place and stead of Berger & Norton as counsel for respondents/cross-appellants. 04-18260
10/18/2004Filing Fee Filing Fee due.
10/18/2004Post-Judgment PetitionFiled Petition for Rehearing. Respondents/Cross-Appellants' Petition for Rehearing. 04-19184
10/18/2004Notice/OutgoingIssued Notice to Pay Supreme Court Filing Fee. (rehearing fee) Due Date: 10 days
10/19/2004Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Appellant/Cross-Respondent shall have 15 days from the date of this order within which to file and serve an answer to the petition for rehearing. See NRAP 40. 04-19329
10/22/2004MotionFiled Motion. Motion of Appellant/Cross-Respondent County of Clark to Publish the Court's Order of Reversal and Remand filed on September 30, 2004. 04-19561
10/25/2004Filing FeeReceived Filing Fee Paid on Filing. $150 from Kermitt L. Waters - check no. 10149.
11/01/2004Letter/IncomingFiled Letter. from counsel for Amici Curiae expressing support for the motion to publish the court's order of reversal and remand. 04-20001
11/02/2004MotionFiled Motion to Extend Time. Motion to Extend Time to Respond to Motion of Appellant/Cross-Respondent County of Clark to Publish the Court's Order of Reversal and Remand Filed on September 30, 2004. 04-20134
11/02/2004MotionFiled Motion. Motion to Supplement Petition for Rehearing. 04-20135
11/04/2004MotionFiled Response to Motion. Opposition of Appellant/Cross-Respondent County of Clark to Motion to Supplement Petition for Rehearing. 04-20359
11/04/2004Post-Judgment PetitionFiled Answer to Petition for Rehearing. Answer of Appellant/Cross-Respondent County of Clark to Petition for Rehearing. 04-20369
11/05/2004Notice/IncomingFiled Errata. Errata to Correct Typographical Error in Answer of Appellant/Cross-Respondent County of Clark to Petition for Rehearing. 04-20402
11/12/2004Order/ProceduralFiled Order. Cause appearing, we grant respondents' motion to file and serve a 10-page supplement to their petition for rehearing. See NRAP 40(b)(3). Respondents shall have 5 days from the date of this order to file and serve a supplement to their petition for rehearing. If deemed necessary, appellant shall have 5 days from service of respondents' supplement to file and serve a supplement, not to exceed 10 pages, to its answer to the petition for rehearing. See id. 04-20781
11/18/2004Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Respondents/Cross-Appellants' Supplement to Petition for Rehearing. 04-21305
11/23/2004Post-Judgment PetitionFiled Answer to Petition for Rehearing. Answer of Appellant/Cross-Respondent County of Clark to Supplement to Petition for Rehearing. 04-21529
12/01/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed November 2, 2004. The clerk of this court shall file respondents/cross- appellants' opposition to the motion to publish that was received on November 23, 2004. 04-21912
12/01/2004MotionFiled Response to Motion. Respondents'/Cross-Appellants' Opposition to County of Clark's Motion to Publish Court's Order of Reversal and Remand filed on September 30, 2004. 04-21525
12/02/2004MotionFiled Motion for Permission to File Document. Request of Appellant/Cross-Respondent County of Clark for Leave to file Reply Papers in Support of Motion to Publish the Court's Order of Reversal and Remand filed on September 30, 2004 Pursuant to NRAP 27(a). 04-22018
12/06/2004Other Returned Mail. Order filed 11/12/04 addressed to Dougals T. Kendall returned. No forwarding address.
12/14/2004MotionFiled Response to Motion. Respondent Landowners' Response to Appellant's Request for Leave to File Reply in Support of Motion to Publish the Court's Order and Request for Leave to File Reply in Support of Petition for Rehearing. 04-22788
12/17/2004MotionFiled Response to Motion. Opposition of Appellant/Cross-Respondent County of Clark to Request for Leave to File Reply in Support of Petition for Rehearing. 04-23002
12/23/2004Order/ProceduralFiled Order Denying Motion. to Publish. We deny the motion to publish. Fn1-[We deny all other pending motions.] fn2-[The Honorable Miriam Shearing, Chief Justice, the Honorable Robert E. Rose, Justice, and the Honorable Mark Gibbons, Justice, voluntarily recused themselves from participation in the decision of this matter.] 04-23439
12/23/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 04-23440
01/18/2005RemittiturIssued Remittitur. Returned Exhibits: Exhibits: Exhibit 81 (Master Plan for McCarran International Airport); County Trial Exhibits Nos. 1 through 8 - oversized Landiscor aerial photographs; Exhibits (1) Respondents' Trial Exhibit 101, described as a "blow up of a page from a Clark County handbook"; (2) Respondents' Trial Exhibit 102, described as an oversized aerial photograph; (3) Respondents' Trial Exhibit 112, described as an oversized architectural rendition; and (4) Respondent's Trial Exhibit 113, also described as an oversized architectural rendition. 05-00362
01/18/2005Case Status Update Remittitur Issued/Case Closed.
01/19/2005MotionFiled Motion. Respondents/Cross-Appellant's Motion to Stay or, Alternatively, Recall Remittitur. 05-01213
01/26/2005MotionFiled Response to Motion. Opposition to Appellant/Cross-Respondent County of Clark to Motion to Stay or, Alternatively, Recall Remittitur. 05-01654
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on January 18, 2005. 05-00362
02/04/2005MotionFiled Motion. Supplement to Respondents/Cross-Appellants' Motion to Stay or, Alternatively, Recall Remittitur. 05-02306
02/09/2005MotionFiled Response to Motion. Response of Appellant/Cross-Respondent County of Clark to Supplement to Motion to Stay or, Alternatively, Recall Remittitur. 05-02626
02/16/2005MotionFiled Motion for Permission to File Document. Request of Respondent/Cross-Appellants for Leave to File Reply Papers in Support of Motion to Stay or, Alternatively, Recall Remittitur. 05-03139
02/16/2005Order/ProceduralFiled Order. Denying Motion to Stay or, Alternatively, Recall Remittitur. On September 30, 2004, this court entered an order that reversed and remanded the judgment of the district court. On December 23, 2004, this court entered an order that denied respondents/cross-appellants' (respondents) petition for rehearing. The remittitur issued on January 18, 2005. See NRAP 41(a). On January 19, 2005, respondents filed a 'Motion to Stay or, Alternatively, Recall Remittitur.' Appellant/cross-respondent (appellant) opposes the motion. Respondents have filed a 'supplement' to their motion, and appellant opposes the 'supplement.' fn1[Respondents' counsel is reminded that any document raising arguments that are more appropriately included in a reply may be filed only after leave to file a reply has been sought and granted by this court. See NRAP 27(a). No good cause appearing, we deny the motion to stay or, alternatively, recall the remittitur. 05-03156
02/22/2005Other Returned Mail. Remittitur issued 01/18/05 addressed to Douglas T. Kendall remailed to corrected address.
02/23/2005Order/ProceduralFiled Order Denying Motion. On February 16, 2005, this court entered an order that denied respondents/cross-appellants' (respondents) motion to stay or, alternatively, recall remittitur. On that same date, respondents moved for leave to file a reply in support of their motion to stay or, alternatively, recall remittitur. Because this court has denied that motion, we deny respondents' motion for leave to file a reply. 05-03647
02/23/2005Notice/OutgoingIssued Letter. to attorney James Jack Leavitt. Returned unfiled "Reply Papers in Support of Motion to Stay or, alternatively, Recall Remittitur received on February 16, 2005."
03/09/2005Other Returned Mail. Order filed 02/16/05 addressed to Douglas Kendall returned. No forwarding address.
03/28/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed March 21, 2005, and placed on the docket March 25, 2005, as Case No. 04-1282. 05-05982
05/31/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The motion of Pacific Legal Foundation for leave to file a brief as amicus curiae is granted. The petition for a writ of ceritorari is denied. 05-10623
02/24/2006Other Other. Per 02/24/06 order in 46461, transferred all transcripts filed in this case to no. 46461. Transcripts transferred: 3/25/97; 5/15/97; 5/22/97; 9/17/97;10/30/97; 11/05/97; 11/16/00; 9/18/00;12/01/00; 12/8/00; 01/12/01; 01/19/01; 01/29/01; 02/16/01; 2/21/01; 2/23/01; 2/26/01; 2/27/01; 2/28/01; 3/1/01; 3/2/01; 3/5/01; 3/6/01; 3/7/01; 07/02/01; 08/13/01(2); 09/24/01; 09/27/01; and 11/26/01.
12/14/2006Other Other. Per 12/14/06 order in No. 46461: transferred the Appendix to the Opening Brief, Volumes 1 through 41, filed on 03/15/02 and the Appendix to the Answering Brief, Volumes 1 through 4, filed on 06/19/02, from No. 38853 to No. 46461.