The Ninth Circuit Court of Appeals today released an opinion in VACATION VILLAGE INC. v. CLARK COUNTY, NEVADA, No. 05-16173, a bankruptcy appeal. The panel consisted of Warren J. Ferguson, Stephen Reinhardt, and Milan D. Smith, Jr., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:
Appellees, the owners of real property near McCarran International Airport in Las Vegas, Nevada, brought an inverse condemnation action against Clark County (County) alleging that the County’s Ordinances 1221 and 1198, which impose, respectively, height and use restrictions, constitute takings under the Nevada Constitution. We hold that our review of Ordinance 1221 is limited by the Nevada Supreme Court’s decision in McCarran Int’l Airport v. Sisolak, 137 P.3d 1110 (Nev. 2006) construing Nevada state law, and, accordingly, find that Ordinance 1221, as applied to Appellee’s property, amounts to a taking. We remand for a calculation of just compensation in light of Sisolak. We affirm the . . .

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