Document Type

Case Summary

Publication Date

1-1-2004

Case Synopsis

Clark County (“the County”) wanted to sell the remnants of two parcels of land after finishing constructing five lanes at the Desert Inn Arterial. The combined acreage of the two parcels totaled .49 acres. At a public auction, the County advertised the land under the former legal description, which described the property as being .92 acres. Neil Ohriner, the sole owner of Nolm, LLC, realized the legal property description was incorrect. He then bid on the parcels, winning them for $340,000.00. The Grant, Bargain, and Sale Deed delivered to escrow likewise incorrectly described the property as .92 acres. After escrow closed, Ohriner subsequently transferred the deed to Nolm. After the sale, the County taxed Ohriner $1,050,480.00 on one parcel and $81,310.00 on the other, taxes based on the full .92 acres. When Ohriner brought the issue of the tax amounts to the County’s attention, he was given two options: either voluntarily reform the deed to describe the appropriate parcel sizes, or rescind the entire contract for the full purchase price plus taxes. Ohriner instead filed a complaint against the County for trespass, inverse condemnation, and private nuisance. The County filed a counter-suit, seeking reformation of the deed, or rescission of the contract, plus attorney’s fees and costs. The district court considered the fact that although Ohriner was aware before purchasing the property that the legal description was incorrect, he intended to use the County’s error as a “bargaining chip” if the County opposed his application for an adult use permit for the property. The district court ordered Ohriner to reform the contract to reflect the true legal description of the property, .49 acres. Ohriner filed a motion for reconsideration and clarification, arguing that the purchase price and property taxes should have been abated. His motion was denied, after which Ohriner filed an appeal.

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