A payment of $1.1 million in damages to Lemmon Valley flood plaintiffs was put on hold today after the Nevada Supreme Court granted the defendant, the City of Reno, a reprieve.
The city, after yesterday’s decision that awarded damages to the plaintiffs, filed today an emergency motion in the state court.
“The Nevada Supreme Court should issue an emergency stay of the district court
proceedings and order the district court to stay any and all proceedings to enforce the money judgment in this action, pending appeal,” Reno city attorneys argued.
Three judges agreed.
They wrote: “Having reviewed the motion and supporting documentation, we conclude that a temporary stay is warranted pending our receipt and consideration of any opposition from respondents. Accordingly, we stay enforcement of the district court’s February 11 order, and any and all other money judgments in this matter, pending further order of this court.”
Here was the city’s argument:
“The City is likely to prevail on the merits because the flooding: (1) occurred only once and is not permanent or inevitably recurring; (2) did not permanently transmute the Plaintiffs’ property into a floodplain; (3) did not effectually destroy or impair the usefulness of the Plaintiffs’ property; and (4) does not currently occupy Plaintiffs’ properties. In addition, the Plaintiffs will not suffer irreparable injury from a stay because the Plaintiffs control and remain in possession of their respective properties.”
