Opinion

Garvin v. Ninth Judicial District Court of the State of Nevada

  • 118 Nev. 749
  • 118 Nev. Adv. Rep. 76
  • 59 P.3d 1180
  • 2002 Nev. LEXIS 90
Court
Nevada Supreme Court
Filed
Dec 17, 2002
Status
Published
Author
Maupin
On the bench
Maupin
Cited by
37 cases
Authority
More cited than 5.2%

noting that our ballot initiative law holds individual land use decisions to be non-legislative and hence not appropriate for direct democratic vote

How later courts described this case

  • noting that our ballot initiative law holds individual land use decisions to be non-legislative and hence not appropriate for direct democratic vote
  • declining to address arguments related to an initiative's substantive validity during preelection review, but noting that parties could challenge the substantive validity of the legislation after it was enacted
  • holding that "[if] a city council can enact zoning legislation, the county and city voters can do the same by initiative"
  • petition was moot, but 2Although the legislative history and intent might support Ayden's position that the Legislature intended the five-day cap to refer to calendar days, we do not reach those arguments because we conclude that NRCP 6(a

Written by the judges who cited it.

The opinion

Maupin, J.,

concurring:

I join in the result reached by the majority, with the following qualifications. First, because of my disqualification in Citizens for Train Trench Vote v. Reno, 1 I am not in a position to “reaffirm’ ’ that decision. Second, I stand by my separate opinion in Glover v. Concerned Citizens for Fuji Park, 2 and thus do not reaffirm the majority decision in that case.

I also want to separately comment upon the fact that we have not addressed the substantive validity of the sustainable growth initiative, which the real parties in interest have raised in their response to the instant petition. Because the petition was brought as a pre-election challenge, we have only resolved the threshold question of whether the initiative belonged on the ballot. Although the measure was approved by the voters of Douglas County while the instant petition was pending before us, we have deferred ruling on the substantive viability of the initiative until separate litigation is brought in response to its actual enforcement.

118 Nev. 574 , 53 P.3d 387 (2002).

118 Nev. 488 , 50 P.3d 546 (2002).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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