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State and Local Government Law Commons™

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University of Nevada, Las Vegas -- William S. Boyd School of Law

Nevada Supreme Court Summaries

Articles 1 - 10 of 10

Full-Text Articles in State and Local Government Law

Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen Dec 2018

Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen

Nevada Supreme Court Summaries

No abstract provided.

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Flores V. Las Vegas-Clark Cty. Library Dist., 134 Nev. Adv. Op. 101 (Dec. 13, 2018) (En Banc), Paige Hall Dec 2018

Flores V. Las Vegas-Clark Cty. Library Dist., 134 Nev. Adv. Op. 101 (Dec. 13, 2018) (En Banc), Paige Hall

Nevada Supreme Court Summaries

The Court determined that (1) NRS §§ 244.364, 268.418, and 269.222, as amended by Senate Bill 175 (“SB 175”), unambiguously preempt firearm ordinances and regulations adopted by counties, cities, and towns only and (2) a library district created in accordance with NRS Chapter 379 is not a “county,” “city,” or “town” for the purposes of SB 175.

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Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins Mar 2018

Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins

Nevada Supreme Court Summaries

The Court determined that under NRS Chapter 453: (1) a medical marijuana establishment applicant does not have to satisfy NRS 453A.322(3)(a)(5)’s requirements for the Department of Health and Human Services to issue the applicant a provisional registration certificate, and (2) the registration certificate shall be deemed provisional until the applicant receives proper approval to commence operations from the applicable local government to commence operation.

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Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson Apr 2017

Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson

Nevada Supreme Court Summaries

The Court interpreted Nevada Supreme Court Rules (“SCR” or the “Rules”) on Electronic Coverage of Court Proceedings: (1) My Entertainment TV (MET) is a “news reporter” under SCR 229(1)(c) because it collects, edits, and publishes footage concerning local events for public dissemination; (2) Clark County court proceedings footage has the educational or informational purpose required by SCR 241; (3) camera presence in the court room alone does not overcome the presumption permitting electronic recording of court proceedings under SCR 230; and (4) contract provisions must be read together, and the result should comport with the SCR on electronic coverage of …

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Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas Sep 2016

Schwartz V. Lopez, 132 Nev. Adv. Op. 73 (Sep. 29, 2016), Scott Cardenas

Nevada Supreme Court Summaries

The Court determined that (1) Article 11, Section 1 of the Nevada Constitution does not limit the Legislature’s discretion in encouraging other methods of education, and based on this, the Education Savings Account (“ESA”) program is not contrary to Article 11, Section 2 which requires the Legislature to “provide for a uniform system of common schools”; and that (2) the funds deposited in the education savings account are not “public funds” subject to Article 11, Section 10; and finally that (3) the ESA program violates the mandate under Section 2 and 6 to fund public education because SB 302 does …

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Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker May 2016

Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker

Nevada Supreme Court Summaries

This piece will analyze potential conflicts between Senate Bill 302 and Article XI of the Nevada Constitution to explore the constitutionality of educational savings accounts.

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Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016), Mackenzie Warren Jan 2016

Corp. Bishop, Lds V. Seventh Jud. Dist. Ct., 132 Nev. Adv. Op. 6 (Jan. 28, 2016), Mackenzie Warren

Nevada Supreme Court Summaries

The Court determined that a State Engineer did not improperly apply NRS § 533.3705(1) retroactively or constitute a retroactive application for two reasons: (1) the statute unambiguously applies to only approved applications; and (2) the applications at issue were approved almost five years after the statute took effect. Thus, the Court denied petitioner’s request for extraordinary writ attempting to bar the State Engineer from applying NRS § 533.3705(1) to the disputed water permit applications.

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City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby Jan 2016

City Of Fernley V. State, Dep’T Of Tax, 132 Nev. Adv. Op. 4 (January 14, 2016), Daniel Ormsby

Nevada Supreme Court Summaries

The Court determined that the Local Government Tax Distribution Account under NRS § 330.660 was general legislation, survived rational basis scrutiny, and therefore was not unconstitutional under Article 4, Sections 20 and 21 of the Nevada Constitution.

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Summary Of Nutton V. Sunset Station, Inc., 131 Nev. Adv. Op. 34 (June 11, 2015), Joseph Meissner Jun 2015

Summary Of Nutton V. Sunset Station, Inc., 131 Nev. Adv. Op. 34 (June 11, 2015), Joseph Meissner

Nevada Supreme Court Summaries

The Court determined the proper relationship between NRCP 15(a) and NRCP 16(b), and explored whether a proposed amendment under NRCP 15(a) can be deemed “futile” because it is unsupported by, or contradicts, factual evidence produced during discovery.

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Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee May 2015

Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee

Nevada Supreme Court Summaries

NRS 616B.028(1) entitles “[a]ny offender confined at the state prison, while engaged in work in a prison industry or work program” to coverage under the modified program of industrial insurance adopted by the Nevada Division of Insurance. The term “work program” in NRS 616B.028(1) does not apply to individuals who are participating in a work release program.

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