Law Commons^™

Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court held that NRS § 533.395 requires a party seeking relief from the cancellation of a water permit to exhaust all available administrative remedies before seeking judicial review, even if the State Engineer is not authorized to provide the particular remedy that the party seeks. If the State Engineer is authorized by NRS § 533.395 to provide a party with a remedy, then the doctrine of futility does not apply to excuse the NRS § 533.394(4) exhaustion requirement. Therefore, the party must first show that the administrative process would afford him or her “no relief at all” before seeking …

Tate V. State, Bd. Of Med. Exam’Rs, 131 Nev. Adv. Op. 67 (Sep. 10, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order denying an injunction challenging the constitutionality of a statute prohibiting stay of Board of Medical Examiners decision. The Court revered and remanded the district court’s order because the statute prohibiting district courts from entering a stay of a decision of the Board of Medical Examiners pending judicial review violates the separation of powers doctrine as a matter of first impression.

Veil V. Bennett, 131 Nev. Adv. Op. 22 (Apr. 30, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that, although a sheriff has a duty to diligently execute arrest warrants, he is within his discretion to determine how to best execute the arrest warrants. The statute does not impose a duty to enter the warrant information into an electronic database.

Summary Of Lvmpd V. Blackjack Bonding, 131 Nev. Adv. Op. 10, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) the records of CCDC inmate calls were public records within LVMPD’s legal custody or control under the NPRA;[1] and (2) that Blackjack Bonding was the prevailing party and was therefore entitled to a statutorily mandated award attorney fees and costs,[2] regardless of their court-ordered responsibility to pay costs associated with production.

[1] See Nev. Rev. Stat. § 239.010 (2011).

[2] See Nev. Rev. Stat. § 239.011 (2011).

Summary Of David Abarra V. The State Of Nevada, 131 Nev. Adv. Op. 5, Amber Lilienthal

Nevada Supreme Court Summaries

The Court determined that (1) the appellant exhausted administrative remedies for his improper finding of guilt claim; (2) the appellant exhausted administrative remedies for his improper filing, failure to correct, and First Amendment claims; and (3) the appellant failed to state a due process claim.

Summary Of Jones V. Nev. State Bd. Of Med. Examiners, 131 Nev. Adv. Op. 4, Janine Lee

Nevada Supreme Court Summaries

When the Nevada Board of Medical Examiners (the “Board”) issues a petition for contempt due to a party’s failure to comply with an administrative subpoena or otherwise properly participate in a proceeding before the Board, NRS 630.355 is the governing statute that allows the Board to enforce compliance with its administrative process. Pursuant to NRS 630.355, venue is proper “in the district court of the county in which the proceeding is being conducted (emphasis added).” Venue for a proceeding under this statute is proper in the county where the administrative work of the Board takes place.