Tag: NRS 239

Nevada Appellate Courts Advance Opinions for March 26, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 26, 2020

Martinez Guzman v. Second Jud. Dist. Ct.

  • Does territorial jurisdiction under NRS 172.105 confine a grand jury to inquire into offenses committed within the respective county or counties that are part of their district.

State, DETR v. Sierra Nat’l Corp.

  • Does NRS 612.265 protect from disclosure a person’s or employing unit’s identity in response to a public records request to the Department of Employment, Training, & Rehabilitation’s Employment Security Division.

Berberich v. Bank of America

  • Do the limitations period for quiet title actions in NRS 11.080 run against an owner who is in undisputed possession of land.

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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.

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Nevada Appellate Courts Advance Opinions for February 27, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 27, 2018

THE LAS VEGAS REVIEW-JOURNAL VS. DIST. CT. (HARTFIELD)

  • Does the First Amendment permit a court to enjoin the press from reporting on a redacted autopsy report already in the public domain.

Visit the Nevada Appellate Report for more legal news.

Is the identity of a medical marijuana establishment business license holder confidential?

Posted on by Jeff Jaeger

medical marijuana

City of Sparks vs. Reno Newspapers, Inc.  (Nev. Supreme Ct. – Aug. 3, 2017)

Persons seeking to operate medical marijuana establishments (MMEs) must register with the Department of Health and Human Services’ Division of Public and Behavioral Health (Division), NRS 453A.322(1), and, if located in a jurisdiction so requiring, obtain a business license, NRS 453A.326(3). Reno Newspapers, Inc., which owns and operates the Reno Gazette-Journal (RGJ), a daily newspaper, asked the City of Sparks to disclose copies of the business licenses of persons operating MMEs in the City. In response, the City produced the business licenses, but redacted the licensees’ identities from the documents. The RGJ demanded unredacted copies of the business licenses, and the City denied the subsequent request.

Thereafter, the RGJ filed a petition for a writ of mandamus in the district court to compel the City to disclose the redacted information. The district court held that the petition was procedurally proper and concluded that the City had a duty under the Nevada Public Records Act to disclose the identities of the business license holders, which duty was not exempted by NAC 453A.714’s confidentiality provision, granted the petition. The City appealed.

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Nevada Appellate Courts Advance Opinions for August 3, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 3, 2017

CITY OF SPARKS VS. RENO NEWSPAPERS, INC.

  • Did the respondent properly seek the disclosure of public records by means of a writ of mandamus even though the regulation at issue and Nevada Administrative Procedure Act, NRS Chapter 233B, provide that the validity of a regulation may be determined in a proceeding for a declaratory judgment?
  • Does NAC 453A.714(1), which governs the confidentiality of information concerning persons who facilitate or deliver medical marijuana services, exempt such information from disclosure under the Nevada Public Records Act, NRS Chapter 239, when the information is contained in medical marijuana establishment business licenses?

LN MGMT. LLC SER. 5105 PORTRAITS PLACE VS. GREEN TREE LOAN SERV., LLC

  • What is the effect of a sale of real property situated in Nevada in violation of an automatic stay from the homeowners’ bankruptcy proceedings commenced in Texas?

GARDNER VS. HENDERSON WATER PARK, LLC

  • To what extent is a member of a limited liability company (LLC) protected in a negligence based tort action against the LLC?

RURAL TELEPHONE CO. VS. PUB. UTIL. COMM’N. OF NEV.

  • Under NRS 703.373(6) or any inherent authority, can the district court extend the deadline for filing the opening brief in a petition for judicial review of a public utilities commission decision?