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The Court determined that (1) in Buzz Stew I, the Court found no taking occurred under Art. 1 Sec. 8(6) of the Nevada Constitution, and Buzz Stew did not properly amend their complaint to pursue a new taking claim, and (2) a new trial is unwarranted because Buzz Stew cannot prove a taking and the district court did not clearly err by refusing to find a taking and awarding costs to the City.