Mark Connot's Legal Cases (4)

Real estate

State of Nevada Department of Transportation vs. Sunset Beach Girls, LLC

N/A

OUTCOME: Settlement shortly before closing argument in jury trial.

This was a condemnation case where Mark represented a property owner in an action brought by the Nevada Department of Transportation ("NDOT"). The case involved a "flyover" on Blue Diamond Road and res ... ulted in a 22-square-foot taking of the Client's property and two small easements by NDOT. The flyover significantly impacted visibility into the property and thus impacted the highest and best use potential of the property. NDOT contended that under Nevada law, damages could not be awarded for impact on visibility. After hearing extensive arguments on that issue, the trial judge ruled that damages could be awarded for loss of visibility into the property. NDOT initially offered $52,900 for the taking and the easements. After a three-day jury trial and 30 minutes before closing arguments, NDOT offered $1.5 million plus an adjacent parcel of NDOT land, which the client accepted.

Commercial real estate

Diamond Surface, Inc. v. State Cement Plant Comm’n, 583 N.W.2d 155

N/A

OUTCOME: Successfully defended client through jury trial and appeal

Successfully defended State Cement Plant Commission at jury trial against claims involving negligence, breach of implied warranty of merchantability and fitness for a particular purpose, and fraud and ... deceit. Case was appealed and South Dakota Supreme Court affirmed jury verdict.

Insurance

South Dakota Public Entity Pool for Liability v. Winger, 566 N.W.2d 125

N/A

OUTCOME: On appeal, Supreme Court found in favor of client.

Successfully represented a public entity risk-sharing pool in declaratory judgment action involving a claim for $1 million of underinsured motorist coverage. Trial court held coverage existed. South D ... akota Supreme Court reversed on appeal and held no coverage existed, thus finding my client had no liability

Real estate

Cary v. City of Rapid City, 559 N.W.2d 891

N/A

OUTCOME: Successfully represented client and overturned long-standing case law

Represented client in an action requesting court to declare rezoning “protest” statute unconstitutional. Trial court ruled statute was constitutional. Case was appealed, and South Dakota Supreme Cour ... t reversed trial court, declaring statute unconstitutional and unanimously overturning 18 years of prior case law holding statute was constitutional.

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