Appellants RB Properties, Inc. and South Pointe Properties, Inc., owned land in Laughlin, Nevada that they planned to develop into multiple resort hotels and casinos. They appeal a district court summary judgment opinion in a regulatory takings action. The Supreme Court upheld the District Court’s finding granting Clark County summary judgment since the claim was not ripe and RB properties do not have a constitutionally protected property right to gaming.
A regulatory takings claim is not ripe unless the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue. RB Properties had only obtained H-1 zoning on part of its property and had not applied for any of the other land use approvals that Clark County Code required. Because they failed to submit the necessary land use applications, the takings claim is not ripe. Furthermore, even if RB Properties had obtained the necessary licenses and permits, that alone would be insufficient to comprise a constitutionally protected property right.
RB Properties, Inc. & South Pointe Properties, Inc. v. Clark County, 2012 WL 1911929 (NV 5/23/2012)
The opinion can be accessed at: http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=25144
