Tag: NRS 239.005

Nevada Appellate Courts Advance Opinions for October 18, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 18, 2018

MULKERN VS. DIST. CT. (CLARK CTY. DEP’T OF FAMILY SERV.’S)

  • Does NRS 432B.550(5)(a)’s sibling presumption apply after one of the siblings has been adopted.

PUB. EMPLOYEES’ RETIREMENT SYS. OF NEVADA VS. NEVADA POLICY RESEARCH INST., INC.

  • Does the Nevada Public Records Act require the Public Employees’ Retirement System of Nevada (PERS) to disclose certain employment and pension payment information about its government retirees held in its computer database when sought through a public records request.

Visit the Nevada Appellate Report for more legal news.

When are government employees’ private cellphone and email records public record?

Posted on by Jeff Jaeger

Person holding a cellphone

Comstock Resident’s Ass’n vs. Lyon Cty. Bd. of Comm’rs (Nev. Supreme Ct. – Mar. 29, 2018)

In this appeal, the Supreme Court of Nevada considered a district court’s denial of a petition for a writ of mandamus to compel disclosure of records where members of the Lyon County Board of Commissioners conducted county business on private cellphones and email accounts.

In 2013, the Lyon County Board of Commissioners received an application to alter the zoning within Lyon County to allow for industrial development. The Board received reports from the county’s planning staff and held public hearings, after which they voted to recommend denying the proposed zoning change. At a subsequent meeting of the county commissioners, the issue was reintroduced and the zoning change approved. The Comstock Residents Association (CRA), brought suit against the Board, challenging the approval of the zoning change.

As part of that suit, CRA made a public records request of Lyon County and its commissioners, seeking communications concerning the approval of the zoning change, regardless of whether they occurred on public or private devices. Lyon County provided phone records, emails, and other records that were created or maintained on county equipment and some public records created on private devices as well. However, Lyon County also notified CRA that it did not provide or pay for phones or email accounts to any commissioners. The county’s website listed the commissioners’ personal phone numbers and email addresses as their contact information. The county conceded that these private telephones and email addresses were used to conduct county business.

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Nevada Appellate Courts Advance Opinions for March 29, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 29, 2018

SOUTHWORTH VS. DIST. CT. (LAS VEGAS PAVING CORP.)

  • Is the time to appeal outlined in the Justice Court Rules of Civil Procedure (JCRCP), specifically the time set forth in JCRCP 98, jurisdictional and mandatory, therefore removing from the district court’s jurisdiction an untimely appeal from justice court.

COMSTOCK RESIDENTS ASS’N VS. LYON CTY. BD. OF COMM’RS

  • Does the Nevada Public Records Act (NPRA) exempt public records maintained on private devices or servers from disclosure.

KING, P.E. VS. ST. CLAIR

  • What constitutes sufficient evidence of a prior owner’s intent to abandon a water right.

NULEAF CLV DISPENSARY, LLC VS. STATE, DEP’T. OF HEALTH AND HUMAN SERV.’S

  • Must NRS 453A.322(3)(a)(5)’s requirement that an applicant seeking to obtain a medical marijuana establishment registration certificate obtain approval from the local government where the establishment is to be located certifying that the applicant is in compliance with applicable zoning restrictions and building requirements, be satisfied before an applicant can receive a registration certificate.

Visit the Nevada Appellate Report for more legal news.